NIPHA EXPORTS P LIMITED Vs. MAHESHWARI INDUSTRIES

JUDGEMENT

(1.) The complainant in CC.No.42/2006 preferred FA.No.1724/2007 against inadequacy of compensation and the complainant in CC.No.43/2006 preferred FA.No.1697/2007 against dismissal of the complaint, while the opposite party in both C.Cs. preferred FA.No.1560/2007 questioning awarding of compensation in favour of the complainant. Since common questions of fact and law arise they are disposed of by a common order.

(2.) The case of the complainant in CC.No.42/2006 in brief is that it is a proprietory concern doing business in cotton viz. purchase of kapas (cotton), ginning it and sale of pressed cotton bales, cotton seed, etc. While so, he purchased NIPHA Double Roller Gin Machines for a consideration of Rs.19,59,759/- under Invoice dated 13.08.2005 from opposite party company, M/s.Nipha Exports (P) Limited. When the machinery was not running well, on complaint it was re-fixed with spare parts after collecting Rs.2.75 lakhs, however, it did not run well. Thereupon, the complainant got issued a legal notice dated 24.03.2006 for which the opposite party did not give any reply. Therefore, he sought Rs.18,78,000/- together with interest at 24% per annum from the date of filing of the complaint till realization and costs.

(3.) The case of the complainant in CC.No.43/2006 in brief is that it is a proprietory concern doing the same cotton business. While so, he purchased NIPHA LATICE FEEDER MODEL for a consideration of Rs.4,70,246/- under Invoice dated 13.08.2005 giving warranty from M/s. Nipha Exports (P) Limited. Since the machinery was not running well, he incurred loss in lakhs of rupees. Thereupon, he got issued a legal notice dated 24.03.2006 for which the opposite party did not give any reply. Therefore, he sought Rs.9,60,000/- together with interest at 24% per annum from the date of filing of the complaint till realization and costs.