SAFIRE LITHO GRAPHICS Vs. S SUBBIAH

JUDGEMENT

(1.) The opposite parties are the appellants. The complainant is the respondent. The complainant placed an order with the opposite party for the printing and supply of posters.

(2.) The complainant's case is thus: He placed an order and sent a sum of Rs.3,720/- requesting the opposite parties to print posters for the films which were intended to be exhibited. But the opposite parties failed to fulfil his obligation and supplied only posters to the tune of Rs.270/- and informed the complainant that there was a balance of Rs.1,700/- and, therefore, there is deficiency in service and hence the opposite parties are liable to make good the loss sustained by the complainant on account of the deficiency in service committed by the opposite parties.

(3.) In the letter dated 27.11.1999, which has been marked as Ex. B2, the opposite parties have stated that they had supplied posters to the value of Rs.2,000/- through Azhagarsamy Lorry Transports and a sum of Rs.2,700/- is already due from the complainant and deducting a sum of Rs.1,450/-, still there will be a sum of Rs.1,250/- due to the opposite parties and they have required the complainant to pay the said amount. These facts are also mentioned in the complaint by the complainant. Therefore, a contract is revealed from this communication as well as from the pleading thereof. There have been transactions between the two parties whereby regularly the complainant has been placing orders with the opposite parties and there has been an outstanding by one party to other from such transactions. Therefore, the transaction which gives rise to the cause of action here, appears to be one arising out a contract between the parties and in such circumstances, we are of the view that it cannot be brought under the provisions of Consumer Protection Act.