MAHALAKSHMI ENTERPRISES Vs. MANAGING DIRECTOR, BIHAR STATE SCHEDULE CASTE COOPERATIVE DEVELOPMENT CORPN

JUDGEMENT

(1.) LEARNED counsel for the parties present. Arguments heard.

(2.) THE case of the complainant/respondent, Managing Director, Bihar State Schedule Caste Cooperative Development Corporation, is that they had purchased generator sets from the petitioner/OP, M/s Mahalakshmi Enterprises. The petitioner/OP had received advance payment in the sum of Rs.17,19,900/ - vide cheque No. 443656 dated 24.7.1998 for supply of 84 generator sets. It is further alleged that as per the agreement with the petitioner/OP for supply of 150 generator sets, only 86 generator sets were sent. Thereafter, a dispute arose between the parties. Therefore, the OP filed a Title Suit No. 166 of 2003 before the civil court, which was decided on 27.4.2011. This suit was contested by the complainant/respondent.

(3.) THEREAFTER , suppressing this material fact that the title suit was pending in the civil court, the complainant filed a complaint before the District Forum on 8.11.2004. The District Forum decided the complaint in favour of the complainant/respondent. The District Forum passed the following order: