K TRUST Vs. O P MEHRA

JUDGEMENT

(1.) In this complaint, M/s. Khoday Hotels (Pvt.) Ltd. , have sought refund of a sum of Rs.3,02,487/- with interest thereon and also a sum of Rs.3,65,000/- as compensation from the opposite parties.

(2.) It is the case of the complainant that it ordered for the supply and to instal necessary kitchen equipments to its restaurant, known as "cellar Bar and Blue Bird" situated at Gandhinagar, Bangalore-9. The opposite parties accepted the said offer by their letter dated 13.6.1990. The quotations were also accepted subject to the terms and conditions that 50% of the cost was to be paid in advance and for which the opposite parties shall supply the equipment required for the Cellar Bar and Blue Bird restaurant within a period of 8 weeks therefrom and thereafter within a period of one month the back-up kitchen equipment was to be supplied and installed. The complainant made the payment of a sum of Rs.3,02,487/- on 22.6.1990 towards the payment of 50% of the cost of supply and installation of the equipment.

(3.) It is the further case of the complainant that the opposite parties supplied certain equipments, even against the specifications, that was supplied partly was unsuitable, and inconvenient. The O. Ps. thereafter failed to supply the balance 50% of the equipment as ordered and as agreed to supply.