KHANNA ENTERPRISES Vs. MANJEET SINGH

JUDGEMENT

(1.) Agitated by the order of the District Forum, Ropar dated 25.4.96, the appellant before us is the opposite party before the District Forum. In our order, we shall be referring the parties as they were before the District Forum i. e. appellant as opposite party and the respondent as complainant.

(2.) The complainant who has done his B. D. S. course in the year 1992 and got a loan of Rs.1,00,000/- sanctioned from the Scheduled Caste Finance Corporation approached the opposite party-M/s. Khanna Enterprises, Chandigarh for supply of the Dental X-ray machine alongwith Dental chair (Confident's Compact Clinic with attached unit) and other material. Vide Ex. A/12 dated 3.6.93 the opposite party issued the quotation to the complainant mentioning the rates of the material cited therein and for the disposal of this appeal only the rates of dental chair with attached unit (Confident Compact Clinic) are relevant and the rate of the said dental chair had been quoted to be Rs.35,000/- and the full sale price of the material to be supplied vide quotation is Rs.1,06,000/- and as per terms and conditions of the quotation the rates of goods are F. O. R. destination. Ex. A/4 is the receipt dated 3.6.93 itself vide which the complainant has paid the cheque of Rs.1,00,000/- to the opposite party against the advance payment of the supply of the material including the dental chair. It is alleged in the complaint that inspite of the repeated reminders and repeated visits made to the opposite party and inspite of the payment made in advance, the requisite material including the dental chair was not delivered. Having no option left, vide Ex. A/5 dated 16.8.93, the complainant Dr. Manjit Singh wrote to the Regional Manager, Confident Dental Equipment Pvt. Ltd. , New Delhi with copy to the Head Office of Compact Dental Equipment Private Ltd. at Bangalore and the opposite party-Khanna Enterprises, Chandigarh and Scheduled Caste Finance Corporation, Punjab mentioning therein that two months have passed and till today opposite party had not supplied the chair to him and stated further that four reminders have been sent by him to M/s. Khanna Enterprises, Chandigarh and only the last reminder has been replied to wherein three weeks time has been demanded for the supply of dental chair and the said period is also over. He further stated that inauguration of his clinic is stated to be for 29.8.93 and the invitation cards have been distributed for the purpose and it would be very embrassing for him if said dental chair is not supplied to him at the earliest. The Confident Dental Equipment Pvt. Ltd. , Bangalore replied to the complainant vide Annexure A/6 dated 19.8.93 that M/s. Khanna Enterprises, Chandigarh has not booked orders for the supply with Head Office at Bangalore and the booking might have been made through Regional Office, New Delhi and if there has been some lapse, that office had no information. The complainant was further informed that they are writing to the Delhi Office to look into the matter. Vide Annexure A/7 dated 24.8.93, Dental X-ray machine with some other Dental material was supplied. Vide Annexure A/8 dated 25.8.93, the complainant wrote that inspite of the payment made in advance on 3.6.93, till today, he has not been supplied dental chair (Confident Compact Clinic) and he mentioned therein that he would seek the help of Consumer Forum, Chandigarh and alongwith the letter Annexure A/8, he attached the copy of the order dated 12.6.93, Annexure A/3 which has been disputed by the opposite party. It is worthwhile to mention here that the case of the complainant is that vide Ex. A/3 dated 12.6.93 the complainant has placed a detailed order in writing for the supply of items mentioned therein for which he had deposited a Cheque of Rs.1,00,000/- drawn in the name of the opposite party on 3.6.93. It is stated that dental chair which is not 'confident Compact Clinic' was delivered by the opposite party on 28.8.93.

(3.) On notice being served, the opposite party filed its written version before the District Forum, inter-alia alleging that the District Forum, Ropar has no jurisdiction to try the complaint and the earlier complaint filed by the complainant in the competent District Forum at Chandigarh has been withdrawn by him and that the copy of the order dated 12.6.93 is forged one. It is further stated that the complainant took the dental chair of the Lucknow firm on 28.8.93 himself from the opposite party at Chandigarh and the said chair was installed by the Technician, Shiv Kumar at Kurali on the request of the complainant and he was fully satisfied with the delivery of the dental chair of the Lukhnow firm. However, it is admitted that after some time, the complainant did make the complaint regarding the working of the dental chair and the opposite party contacted the complainant personally in the first week of Sept. ,1993 to remove the defect if any, in the dental chair but the complainant told the opposite party that he had filed the complaint before Consumer Forum at Chandigarh and would settle the matter in the Court.