TARUN INDUSTRIAL CORPORATION, Vs. NAVEEN AGGARWAL

JUDGEMENT

(1.) This revision petition is filed by M/s Tarun Industrial Corporation against concurrent orders of the District Forum-1, Chandigarh and the State Consumer Disputes Redressal Commission, UT of Chandigarh. The two petitioners, namely the firm and its proprietor, were the original OPs before the District Forum.

(2.) The case of the Complainant, as seen from the record, was that on 13.12.2010 it had placed order on the OPs for supply of a Flexo Paper Printing Machine. An advance of Rs.1 lakh was paid towards this purchase. The opposite parties had agreed to deliver the machine within 20 days but no delivery had been made till the date when a legal notice was issued on 27.2.2011. Later, in the reply of 10.3.2011 to the legal notice, the OPs made a counter allegation that the machine had been ready within 20 days but the buyer had failed to takes its delivery. Therefore, in his prayer before the District Forum, the Complainant sought not only refund of the advance with interest but also compensation of loss suffered as well as for mental agony and harassment. As against this, the Written Response of the OPs before the District Forum has called the complaint frivolous and an abuse of the process of law. It has prayed for dismissal of the complaint with exemplary cost.

(3.) The District Forum decided that it was a case of deficiency of service on the part of the OPs. Accordingly, the OPs were directed to refund the advance of Rs.1 lakh with Rs.25,000/- towards compensation and Rs.11,000/- towards cost.