CHEEMA ENGINEERING SERVICES Vs. RAJAN SINGH

JUDGEMENT

(1.) THIS Revision Petition has arisen out of the order dated 21st July, 1995 of the Orissa State Commission at Cuttack upholding the order dated 20.1.95 passed by the District Forum, Sundergarh -II in CD. Case No. 148/94 directing the petitioner herein to refund Rs. 1.00 lakh with interest at the rate of 18% per annum from the date of deposit till the date of realisation besides Rs. 500/ - to - wards litigation expenses.

(2.) THE facts lie in a narrow compass and may be noticed. The complainant wanted to install a brick manufacturing unit and invited quotation from the petitioner herein who is a manufacturer of the required machinery. The petitioner herein sent its quotation in the letter dated 31st January, 1992. The complainant paid a sum of Rs. 21,000/ - on 12.2.92 and another payment of Rs. 79,000/ - on 17.8.92. The price of the brick making machine was Rs. 3,25,000/ - which is inclusive of tax and duties. The complainant alleged that the petitioner herein did not manufacture the machinery or supply the same to the complainant or commissioned it despite registered letters dated 12.5.93 and 5.6.93. The complainant ultimately sent a registered letter on 27.6.94 to the petitioner herein to refund the amount of Rs. 1.00 lakh with interest because of the failure in the manufacture, in the delivery of the brick making machine and installation of the said machinery. As there was no response the complainant filed Original Petition No. 184/94 before the District Forum, Sundergarh.

(3.) THE District Forum in the order dated 20th January, 1995 accepted the contention of the complainant that the machinery was for earning his livelihood. On the question of territorial jurisdiction, the District Forum held that a draft for the amount was taken at the Bank which is within the jurisdiction of the Forum and again the machinery was to be supplied to the complainant at his address which is falling within the jurisdiction of the District Forum. The District Forum then came to the conclusion that there is definite deficiency in service on the part of the opposite party in not manufacturing, supplying and installing the machinery. The District Forum directed the petitioner herein to refund the amount of Rs. 1.00 lakh together with interest at the rate of 18% per annum from 24.2.92 on Rs. 20,000/ - and from 17.8.92 on Rs. 79,000/ - till the date of realisation and also costs of Rs. 500/ -. The appeal of the petitioner and the cross objections of the complainant were dismissed by the State Commission in its order dated 21st July, 95 after upholding the findings of fact recorded by the District Forum.