UTKAL GALVANIZER LTD Vs. TECHNOMAC ENGINEERS PVT LTD

JUDGEMENT

(1.) IN this complaint filed under Section 21(a) of the Consumer Protection Act, 1986, complainant is claiming Rs. 2,31,26,949/-, over and above the complainants seek a direction to the opposite parties to remove and cause to remove all deficiency and defects in the machinery supplied by the opposite parties and to ensure to make it functional to its fullest standard forthwith. Complainants are dealing in manufacturing of Poles, Towers, Fabrication Work for Power Station and the like. For carrying out its orders it required supply of certain machinery for which quotations of the opposite parties were accepted. It is alleged that the opposite parties acted contrary to the agreed terms given in the quotation as per letter dated 2.9.1989, which resulted in firstly remaining the machine idle, secondly complainant suffering losses, thirdly liability of interest on loans taken by the complainants from the Banks, and fourthly inability of the complainants to comply with the orders taken from different parties.

(2.) ON the face of it complaint appears to be barred by limitation as the matters pertain to the year 1989. Complainants, however, say that cause of action arose lastly on 3.10.1998 when opposite parties finally refused to provide adequate service required from them. This complaint was filed on 11.5.1999 and remained under objections for almost over three years. No steps were taken by the complainants earlier to remove the defects.

(3.) ALL these would require a great deal of evidence apart from the fact that the claim made has no relevance to the facts of the case. It is not possible to decide such a matter in our summary jurisdiction.