MAYA Vs. STATE OF HARYANA

JUDGEMENT

(1.) There could not have been a better case where abuse of process of law is a writ large on the face of it. The petitioners had supplied a machine to the private respondent after following the process involved in such like commercial transaction i.e. issuance of a quotation and invoice which was accepted by the respondent-complainant and after payment had been made, the machine was supplied.

(2.) This, however, was not to the satisfaction of the complainant as according to him, there were certain flaws in the machine and, therefore, he had to summon a mechanic from the petitioners' company and in the process, respondent No.2 had to suffer an additional expenditure of Rs. 27,000/-. Primarily dissatisfied with the functioning of the machine, he resorted to filing of the FIR with the allegation that he has been overcharged and made to pay Rs. 17,00,000/- approximately as against the invoice and quotation of Rs. 11,90,000/-. He further alleged that the machine was old, requiring repairs for which he had to pay Rs. 27,000/- more and when he wanted to return the machine or asked for refund of the excess payment, he was humiliated and beaten at Delhi. Broadly with these allegations, the FIR was registered. The matter was investigated and challan submitted.

(3.) It may not be out of place to mention here that respondent No.2 filed a complaint before the District Consumer Forum which was dismissed with liberty to the petitioner to pursue his remedy with the civil court.