VIRAJ POLYPLAST TECHNOLOGY PVT. LTD. Vs. ANKUR GUPTA

JUDGEMENT

(1.) THE petitioner placed order with the respondent on 03 -01 -2012 for certain polymer moulds. Responding to the said order the petitioner sent proforma invoices against which payment was made by the complainant. The case of the complainant is that the polymer moulds supplied to him were not as per the samples and when production started using these moulds it was found that broken tiles were being produced from the said moulds which were not fit for sale in the market. The complainant, therefore, approached the District Forum by way of a complaint, seeking return of the defective polymer moulds against payment of the price paid by him as well as fare of the truck, interest at the rate of 18% per annum and damages amounting to Rs. 2,00,000/ -. Cost of litigation was also sought by the complainant.

(2.) THE complaint was resisted by the petitioner inter alia on the ground that there was no defect in the polymer moulds supplied by them. It was further stated in the reply that if the raw material is not proper than the production will also not be proper and in that case the producer himself would be responsible for the product not being proper.

(3.) BEING aggrieved from the order of the District Forum the petitioner approached the concerned State Commission by way of an appeal. The said appeal having been dismissed vide impugned order dated 29 -01 -2014, the petitioner -company is before this Commission by way of this revision petition.