RAVNEET SINGH BAGGA Vs. KLM ROYAL DUTCH AIRLINES

JUDGEMENT

(1.) IN this complaint, under Section 17 read with Section 12 of the Act, the complainant has sought compensation in a sum of Rs. 9,90,900/ - from the opposite party.

(2.) THE opposite party is unit of Sarabhai Group of Companies. The opposite party deals in Swastik brand products manufactured and marketed by the aforesaid Swastik Household and Industrial Products Pvt. Ltd. The complainant took the work of distribution of products of the opposite party. The complainant made an advance payment of a sum of Rs. 2,00,000/ - to the opposite party. The complainant also executed an irrevocable Bank guarantee for a sum of Rs. 50,000/ - to cover the risk of payment. The complainant worked for some time as a distributor upto June, 1986. Thereafter, the supply of products by the opposite party became irregular and consequently the opposite party even stopped the supply of goods to the complainant. By this irregular supply and stopping of the supplies by the opposite party to the complainant, the complainant lost a sum of Rs.1,77,000/ - towards advance credit notes and a sum of Rs. 1,50,000/ - towards damages of the stock and non -movable outdated goods. The complainant also incurred various expenses like godown rent, staff salary. Bank interest, etc. The complainant sought the payment of the said amount from the opposite party and while the opposite party failed to reimburse the loss sustained by the complainant and also to refund the advance amount of Rs. 2,00,000/ - paid by him, filed the complaint seeking a sum of Rs. 9,90,000/ - as compensation on various counts.

(3.) OPPOSITE party No. 1 even on service remained absent. Opposite party No. 3 filed the version. Opposite party No. 3 denied having any liability to re -imburse the loss alleged to have been sustained by the complainant. Opposite party No. 3 further averred that the complainant is not a 'consumer' under the provisions of the Act, and so, the complaint is untenable.