LAWS(NCD)-1993-4-272

DUROPLY PRENE P LTD Vs. SUBASH SUKHAJIA

Decided On April 28, 1993
Duroply Prene P Ltd Appellant
V/S
SUBASH SUKHAJIA Respondents

JUDGEMENT

(1.) The case of the complainant is that it entered into an agreement for selling Agency with the opposite party for its products in the States of Manipur, Meghalaya, Mizoram, Nagaland, Tripura and Upper Assam on commission basis. The complainant sold a consignment of goods to the opposite party for which the opposite party issued three cheques aggregating to Rs.29,527/- in favour of the complainant. They said three cheques were bounced by the banker of the opposite party for insufficient fund with the Bank lying in his credit. The complainant served notice under Sec.138 of the N. I. Act and also made numerous correspondences urging to opposite parties to make payment but the opposite party did not make payment.

(2.) It is further alleged that there is a vast demand of the products of the complainant in the Hill State area of North-Eastern Region of India and on the basis of said potentiality the opposite party assured a minimum turn over of Rs.3 lakhs per month for the entire territories allotted to him. Due to deficiency in service on the part of the opposite party it has caused loss of business to the complainant, he is entitled to a compensation of Rs.5,50,000/- in addition to get an amount of Rs.29,527/- together with interest @ 24% per annum. Accordingly the complainant sought for relief's as per prayer.

(3.) The opposite party in its written statement has denied all material allegations in the petition of complaint and also challenged the maintainability of the proceeding before the Consumer Redressal Forum. JUDGMENT