GENERAL CO-OPERATIVE GROUP-HOUSING SOCIETY LTD. vs J.K. CEMENT WORKS

THIS appeal aries out of the decision tendered by the State Commission, Delhi, dismissing the complaint of the present appellant in regard to the alleged breach of contract committed by the respondent in relation to the supply of a specific quantity of cement that was allgedly agreed upon between the complainant and respondent.

THE contract was for sale of goods and in respect of any such contract a complaint can be filed under the Consumer Protection Act only if the goods supplied suffer from any defect. It was not a contract for the rendering of any service so as to attract the concept of deficiency in any service. THE State Commission has rightly rejected the complaint though for a different reason. We are unable to uphold the argument advanced by the Counsel for the petitioner that the contract must be regarded as one for the rendering of a service and hence we should examine whether there was deficiency in the performance of such service. As already mentioned, it was a pure and simple contract for the supply of a specific quantity of cement for a settled price between the parties. No element of hiring of service for consideration was present in the said arrangement. The appeal accordingly fails and is dismissed. We make it clear that the dismissal of this appeal or of the complaint petition by the State Commission shall not operate to the prejudice of the complainant in the matter of his pursuing any remedy that he may have, under Law, before the ordinary Civil Courts. No costs. Appeal dismissed.