RAJ KRISHAN BATTA Vs. ALLIED INDUSTRIES

JUDGEMENT

(1.) It is an appeal against the order dated 17.2.2003 of the District Consumer Disputes Redressal Forum, Patiala (hereinafter called the District Forum ).

(2.) Brief facts, as stated in the complaint, are that the appellant-complainant-Shri Raj Krishan Batta (hereinafter called the complainant) was running a shop for the repair of the regfrigerators to earn his livelihood as a self-employed person. He took loans of Rs.46,000/- from the State Bank of Patiala, Dharampura Bazar, Patiala for purchasing Gas M-12 to be filled in refrigerators. The Bank issued cheque/draft on 11.4.2001 in favour of respondent-opposite party-Allied Industries, Shop No.1, Aneja Market, 3286/1, Model Gram Ext. , Ludhiana through its Manager/owner Sanjeev (hereinafter called the opposite party) as price of the gas. The opposite party, however, did not supply the gas when the complainant had taken the cylinders to him for this purpose by spending Rs.700/- on transportation. The complainant had approached the opposite party time and again to supply the gas as its non-supply was causing loss to him in his work. The complainant had also sent a draft for Rs.6,100/- alongwith letter dated 9.3.2001 as Sales Tax on the gas demanded by the opposite party. The opposite party, however, refused to receive the letter. The complainant then gave a legal notice along with a draft for Rs.6,100/- again and the same was accepted by the opposite party. But the opposite party did not supply the gas causing a loss of Rs.3,000/- per day to the complainant. This action of the opposite party, according to the complainant, had provided a cause of action for filing the complaint before the District Forum for seeking a direction to the opposite party to supply the gas M-12 along with cylinders and also to pay compensation and costs.

(3.) Opposite party contested the complaint taking preliminary objections that the complainant was not a "consumer" as he was running the business of selling the refrigerators and was a trader and that the complaint was bad for non-joinder and mis-joinder of necessary parties. On merits, the opposite party pleaded that the complainant had in fact raised a loan for the purchase of the repaired compressors vide bills dated 10.4.2001 bearing Nos.251 and 252. It was denied that the opposite party had received the cheque/draft from the Bank as price of the gas. It was also denied that the complainant had brought the cylinders for gas filling and had spent Rs.700/- on transportation. The opposite party further denied to have demanded any sales tax from the complainant. However, it was admitted by the opposite party that it had received a draft for Rs.6,100/- but the same was not encashed by the opposite party as it was in excess and was not demanded. The parties produced their respective evidence.