E SADANANDAN Vs. BUREAU OF INDIAN STANDARD

JUDGEMENT

(1.) - This is an appeal against the order dated 25th February, 1991 passed by the State Commission of Kerala in Complaint No. 45 of 1990. By this order, the State Commission dismissed the complaint on the ground that the claim for damages or compensation arising out of an event that occurred in 1983 had become time barred inasmuch as the claim for compensation was put forward after the expiry of about seven years after the cause of action arose.

(2.) The facts briefly are that the complainant Shri Sadanandan was manufacturing tea chest metal fittings. He had obtained a licence from the Bureau of Indian Standards (BIS) to affix the ISI mark on his products in 1979. In April, 1983, the complainant's factory was inspected by an officer of the BIS who asked him to stop production and marketing of goods with ISI marking on the ground of "some irregularities". However, this prohibition against ISI marking lifted in August, 1983 as the samples of the products manufactured by him were found to be in conformity with the ISI specifications. According to the complainant "because of the suspension of marking and the wide publicity to the suspension given by the 1st Opposite Party, the complainant lost almost all his orders". According to him, the illegal and unwarranted suspension of his licence destroyed his business goodwill.

(3.) The complainant has further alleged that he asked for enhancement of the loan limit from the State Bank of India but this was not sanctioned, with the result, that he could not utilise the import licence obtained by him for manufacturing and supplying goods with ISI mark as well as non-ISI metal fittings. Because of lack of adequate credit facilities being given by the Bank, the complainant's factory became sick and was so declared in 1987.