K YUSUF BASHA Vs. BHARATH EARTH MOVERS LTD

JUDGEMENT

(1.) As these complaints are based on similar facts and involve the same dispute / controversy, it is proposed to decide all the three complaints by means of this common order.

(2.) The dispute raised in these complaints pertains to four numbers Heavy Earthmoving Machine (Hydraulic Excavator) used for mining activity in granite mines. Complainants in these complaints are partners of KMB Group, Salem engaged in granite quarry and export business. Opposite Party, Bharath Earth Movers Ltd. (BEML), is a Government of India undertaking and is engaged in manufacturing of such like machines. In the year 1997, K. Yusuf Basha Complainant in Original Petition No. 50/2000, had purchased two Heavy Earthmoving Machines (Hydraulic Excavator) from the OP, at a cost of Rs.57,63,000/- for each machine with the following description:-

(3.) Similarly, K. Shahnawaz, complainant in Original Petition No. 51/2000, also purchased one Heavy Earthmoving Machine (Hydraulic Excavator) from the OP at a cost of Rs.57,63,000/-, with the following description:-