PASILIAN MAHA-MAHESH EXPORTS Vs. CORRESPONDENT ST. XAVIERS CATHOLIC COLLEGE OF ENGINEERING CHUNKANKADAI

JUDGEMENT

(1.) The 1st opposite party, in CC.No.119/2007, on the file of District Forum, Nagercoil, aggrieved by the order of the Forum dt.26.4.2007, wherein a direction has been given, against him also, jointly and severally, challenges the said order in this appeal.

(2.) The facts leading to the case: The 1st respondent/complainant, purchased electrical goods for their Engineering college, as per the recommendation of the purchase committee, in which the 1st opposite party was functioning as convener. Based upon the decision taken by the purchasing committee, the 1st opposite party purchased electrical goods, from the 2nd opposite party on 28.8.99, for the value of Rs.25,70,000/-.

(3.) The verification of the purchased electrical goods, revealed subsequently, M.R.P were turned up, tampered, the 2nd opposite party had received illegally a total amount of Rs.75,572.50/-, more than the MRP, thereby committing fraud and deficiency. Further under the invoice No.380 dt.28.8.99, the 2nd opposite party had collected excess sum of Rs.19,900/-, thereby caused loss to the complainant. The above things had taken place in collusion between the opposite parties, and therefore the complainant is entitled to the amount collected by the 2nd opposite party, with interest. Thus the claim.