YAJAMAN ENTERPRISES Vs. LAKSHMI GANESH TRADERS

JUDGEMENT

(1.) - In this complaint, the complainant has sought the following relief: "wherefore, the complainant most respectfully begs to pray, that this Hon'ble Forum may be pleased to call for records from the respondents in respect of the said transaction involved in case and grant relief by passing appropriate orders or directions to R-l to the balance of the price of the goods received from complainant at Rs.-10,35,812.79 with costs and expenses and bank rate of interest for the delay in the ends of justice and equity. Also further prays that this Hon'ble Court may award compensation due to loss incurred by the complainant in view of delay in balance payment as the business is stopped, with R-l. "

(2.) The complainant averred that he had supplied Cotton-lint to Opposite Party No.1, the value of which was Rs.18,75,812.79. Opposite Party No.1 made the payment of certain sum to the complainant towards the supply of Cottonlint, but the Opposite Party was still due in a sum of Rs.10,35,812.70 to the complainant. The material averments of the complainant, in this regard, are at para 6 of the complaint, which read as under: "6. That the transaction between the complainant and respondents is that as per Annexure-A dated 21.2.92; the complainant made demand towards the supplies he made to R-l on various items and dates and as against the total demands of Rs.18,75,812.79. Against the said credits as per Indian Bank statement as per Annexure-B dated 3.6.94 Rs.8,40,000/- came to be paid. Now the outstanding money is Rs.10,35,812.70 as per statement of accounts at Annexure-C. That the R-l sent a letter dated 21.2.92 as under Annexure-A admitting the claims but stated that some payments have been made; these payments have been verified from the Banks as DD's were sent. In another letter dated 21.2.92, the copy vide Annexure-D, the balance shown by R-l was only Rs.65,812.79 which is wrong. That in view of improper reply and non-compliances with the demands, the complainant got issued a legal notice dated 10.1.94 which has been produced vide Annexure-E. That the goods supplied by the complainant have been accepted by the R-l and part paid and remaining part payment, the R-l is evading to comply and evading to pay the amounts. "

(3.) The complainant, on the basis of these averments, sought a direction to the Opposite Party to pay to the complainant the balance amount due to him for supply of Cotton-lint to Opposite Party No.1.