LAWS(NCD)-2004-10-126

H C L Vs. BRIJESH KUMAR

Decided On October 12, 2004
H C L Appellant
V/S
BRIJESH KUMAR Respondents

JUDGEMENT

(1.) In this bunch of cases, this is an instance of repetitive failure on the part of the H. C. L. Limited to deliver a proper machine for which the complainant Sri Brijesh Kumar obtained loan from U. P. Anusuchit Jati Avam Vitta Vikas Nigam Limited, Bahraich.

(2.) Appeal No.629/1996 has been filed by the H. C. L. Limited against the judgment and order dated 5.4.1996 in Complaint Case No.383/1995. Having purchased machine from H. C. L. Ltd. for the sum of Rs.1,02,232.64 on 21.6.1995 what was destined for the complainant was that the machine is not working properly. The complainants were not adhered to with the result that he had to rush to the District Forum, Bahraich. By the aforesaid order dated 5.4.1996, it was directed that the sum of Rs.1,02,232.64 shall be returned by taking back the machine. The payment was directed to be made to the aforesaid U. P. Anusuchit Jati Avam Vitta Vikas Nigam Limited (for short 'financial Institution') to be adjusted towards the loan account of the complainant.

(3.) A sum of Rs.1,000/- was allowed to be paid as costs. It was further held that no liability was fixed on the said Financial Institution.