DIAMOND CEMENTS Vs. RAI PREXIM INDIA PRIVATE LTD

JUDGEMENT

(1.) IN this complaint filed under Section 21(a) of the Consumer Protection Act, 1986, complainant has claimed a sum of Rs. 1,84,18,020.00.

(2.) COMPLAINANT has alleged that it required Bearings which needed to be replaced in its DG Sets installed for captive generation of power in case there was a failure of supply from the State Electricity Board. Orders were placed with the opposite party for 9 sets of Main Bearing Metal and 17 sets of Big End Metal Bearings for a sum of Rs. 11,40,000/ -. The Bearings were to be manufactured and developed by the opposite party as per the samples and drawings provided by the complainant which were to replace the existing Bearings in the DG Sets of the complainant. In short the allegation is that the Bearings manufactured by the opposite party were defective which resulted in the break down of the crank shaft and connecting rods and pistons. It is stated that the opposite party denied that there was any defect in the Bearings supplied by them but that the damage was caused due to crack in the connecting rod. The complaint on the face of it would require expert evidence to go into the technical nature of the Bearings and the damage, if any resulting from the defective Bearings and to what extent. For the total cost of the Main Bearing Metal and Big End Bearings for Rs. 13,28,020.00 complainant is claiming over Rs. 1,84,18,020/ -. Particulars of the reliefs claimed are as under :

(3.) WE , however, make it clear that if complainant has any remedy otherwise in Civil Court, this order will not come in its way and complainant may seek exclusion of time spent in these proceedings under Section 14 of the Limitation Act in view of the judgment of the Supreme Court in the case of Laxmi Engineer Works v. PSG Industrial Institute, II (1995) CPJ 1 (SC)=(1995) 3 SCC 583. Complaint dismissed.