EXECUTIVE ENGINEER, Z.P.E. DIVISION vs SOUTH INDIA CEMENT LTD.

WE heard the representative of the complainant and the learned Counsel for the opp. party regarding the maintainability of the complaint.

IT is the case of the complainant that the complainant entered into an agreement with the opp. party for supply of 11750 bags of cement at a particular rate. IT is further the case of the complainant the opp. party supplied only 2200 bags of cement and failed to supply the balance cement of 9550 bags. In this complaint, the complainant has sought compensation in a sum of Rs. 7,83,493/- for the loss sustained by him for having not supplied the balance quantity of cement of 9550 bags.

The opp. party filed its version and contested the claim.

IT is clear from the averments made in the complaint that it was a pure and simple contract for the supply of a specific quantity of cement for a settled price between the parties. The complainant''s case is that the opp. party did not supply the full quantity of the cement as agreed upon and thereby he sustained loss. It is clear from the averments contained in the complaint that there is no complaint of any defect in the goods supplied by the opp. party. No element of hiring service for consideration is present in the said arrangement.

SO, having regard to these facts and in the circumstances of the case, we are constrained to hold that it is not a consumer dispute. SO the complaint is liable to be dismissed on this account. It is made clear that the dismissal of this complaint will not operate to the prejudice of the complainant in the matter of pursuing his remedy that he may have under law before the ordinary Civil Courts. In the result, therefore, this complaint fails and it is dismissed. The parties are directed to bear and pay their own costs. Complaint dismissed.