MANJULAKSHMI Vs. RAFA M AMALA

JUDGEMENT

(1.) Learned counsel for the petitioner present. Arguments heard.

(2.) Mrs. Rafa M. Amala, the complainant, placed an order upon the petitioner/Mrs. Manjulakshi, proprietor of M/s Maruthi Tech for delivery of MT 750 automatic paper cup making machine. This is an admitted fact that the complainant had paid the total amount of Rs.5,90,000/-. Learned counsel for the petitioner submits that she was to pay Rs.6,14,115/- which also included Vat and Transport charges.

(3.) The case of the OP is that the opposite party had imported the machine on 27.5.2011 and brought Tuticronie Sikivasi on 1.7.2011. However, the petitioner/ OP could not show any document pertaining to import of the machine from China. Ext. B-3 is a proforma invoice. However, there is no inkling that the said machine was imported from China. The petitioner also sent email on 12.8.2011 that the machine could not be delivered due to invoice problem.