SHIVAM PRAKASHAN Vs. ASIAN MACHINERY COMPANY P LTD

JUDGEMENT

(1.) This is a complaint under Sec.17 of the Consumer Protection Act, 1986 (hereinafter called the Act) with the allegations that with a view to settle himself, M/s. Shivam Prakashan was established and with a view to carry on the business of publication, quotations from opposite party Nos.1 and 2, which is the manufacturing company and its proprietor, for purchase of offset printing press and other equipments required were invited. After the receipt of the quotations, written order was placed along with a cheque of Rs.1,00,000/- drawn on Indian Overseas Bank, Jhansi. However, delivery instead of making within 15 days as stipulated was not made in time and when the matter was complained, it was made to understand by opposite party Nos.1 and 2 that in case of full payment the machines in question could be sent to the complainant within a week and in pursuance thereof payments were made as per details given in Annexure 1. When the machines were delivered and opened in the presence of one P. Oberoi, the representative of opposite party Nos.1 and 2 , it was found that the machine was damaged and certain parts of the machine were not there. Inspite of assurances the defective machines were not replaced and other parts were not consigned causing heavy loss and hence the complaint.

(2.) The opposite parties, besides placing its stand on merit and the written statement, some preliminary objections too were made in the written statement. It was averred in the written statement that because of the fault on the part of the complainant as well as the Bankers and non-sending of Form 32 the supply could not be effected.

(3.) For the reasons hereinafter given inspite of time being given, documents were not filed by the complainant. We had an occassion to look into the preliminary objections and in our opinion the complaint can be disposed of on merits in view of the preliminary objections.