AI Structured Summary
Not yet generated for this judgment
Judgment
IN this complaint the complainant has prayed for recovery of Rs. 14,26,915/- towards the amount due against the opposite party along with interest @ 24% per annum and a sum of Rs. 1,00,000/- as damages for the loss of business etc.
THE facts of the case stated in brief are that the complainant is a registered company and carries on business of manufacturing brass sheet circles and silli for which the raw material is copper scrap, zinc and brass scrap etc. THE complainant requested the opposite party Uttar Pradesh Small Industries Corporation Limited, Kanpur for supply of metric tonne copper scrap on 16.11.1994. THE complainant was asked to deposit Rs. 500/- as registration amount alongwith Small Scale Industry Certificate and Capacity Assessment Certificate. THE complainant complied with this request. An order for 100 metric tonne copper scrap was placed on 22.12.1994 at the rate of Rs. 107.75 per kilogram. THE delivery was to be made within one week from the date of payment, otherwise interest at the rate of 15% per annum was to be charged after a week from the date of payment. A copy of the order is Annexure 1 to the complaint. Opposite party issued letter dated 22.12.1994 and offered 100 metric tonnes burnt copper wire scrap to the complainant at the rate of Rs. 107.75 per kilogram including trade tax. THE opposite party also directed the complainant to deposit the bank draft in its favour upto 27.12.1994. A sum of Rs. 1,07,75,000/- was deposited by the complainant through bank draft which has been acknowledged by the opposite party. On 2.3.1995 the opposite party again issued a fresh offer for supply of burnt copper wire scrap @ Rs. 119.00 per kilogram with trade tax and directed the complainant to deposit the bank draft by 13.3.1995, a copy of which is Annexure-4 to the complaint. The complainant on4.3.1995 submitted a representation requesting that the rate of burnt copper wire scrap should be fixed at the rate of Rs. 116.00 including trade tax. This offer was accepted by the opposite party and the complainant was directed to deposit a sum of Rs. 58,00,000/- which was deposited through various bank drafts. Subsequently 50 metric tonne burnt copper wire scrap was allotted to the complainant at the same rate.
On 3.6.1995 the complainant again placed an order for supply of 40 metric tonne brass scrap (cartridge cases) by the opposite party and submitted a draft for Rs. 37,60,000/-, 17 metric tonne cartridge (brass) scrap was allotted at the rate of Rs. 94/- per kilogram with trade tax. It is alleged that the remaining amount was not refunded to the complainant even though this fact was mentioned in the letter dated 3.6.1995 sent by the complainant. In this way a sum of Rs. 21,62,000/- was due against the opposite part} No. 2 which has been retained without any justification.
A fresh offer for burnt copper wire scrap was made by the opposite party to the complainant on 5.6.1995 for 100 metric tones at the rate of Rs. 120/- per kilogram which was accepted by the complainant. The opposite part)'' inspite of supplying the wire demanded higher rate of Rs. 123/- per kilogram. The complainant gave a cosnent for the same and prayed for 100 metric tonne of burnt copper wire scrap and submitted a draft for Rs. 1,00,000/-. He also requested for adjustment of the remaining amount of Rs. 21,62,000/-. This amount was not adjusted by the opposite party and even copper ware scrap worth Rs. 1 crore was also not allotted, Now a sum of Rs. 23,83,500/- is lying with the opposite party which show defective service of the opposite party. The complainant vide letter dated 7.7.1995 prayed for the return of the balance amount together with interest but when no reply was received, a reminder was issued on 24.7.1995, A letter was again personally served on the j opposite party on 25.7.1997 with a request to hand over the bank draft of balance amount alongwith interest. The opposite party, after several requests, paid a sum of Rs. 23,79,925/ -.to the complainant though the complainant was entitled to Rs. 23,83,500/-. It is further alleged by the complainant that there was discussion between the parties on 26.9.1995 and hence the complainant prayed for supply of 50.584 metric tonne of burnt copper wire scrap at the rate of Rs. 128.50 per kilogram and submitted a sum of Rs. 65,00,000/-. The opposite party only supplied 26.09 metric tonne burnt copper wire scrap, the cost of which comes to Rs. 33,52,565/-. A sum of Rs. 31,47,435/- remaind as balance with the opposite party.
A registered letter dated 18.12.1995 was sent by the complainant to the opposite party requesting for refund of Rs. 31,47,435/ - alongwith interest of Rs. 1,57,372/- or to issue fresh allotment of copper wire scrap at the rate of Rs. 132/- per kilogram. The opposite party allotted on 12.1.1996 20.082 metric tonne copper wire scrap to the complainant at the rate of Rs. 132/ - per kilogram, the total of which comes to Rs. 26,50,824/-. In this way a sum of Rs. 4,96,611/ - still remains with the opposite party. At the time of allotment of this lot, 26 stations for delivery of material were mentioned to the complainant in utter disregard to the complainant''s letter dated 26.12.1995 in which he has only prayed for 11 stations from which the delivery is to be made or the refund of the amount. It is further alleged that there were discussions between the parties and the complainant paid a sum of Rs. 3,78,000/- to the opposite party for supply of empty cartridge (brass) and for adjusting the balance amount. Allotment of 6.444 metric tonne empty cartridge scrap was made at the rate of Rs. 108/- per kilogram. In this way a sum of Rs. 1,78,659/- remains with the opposite party which has not been paid by the opposite party so far. Several requests were made by the complainant to settle the account but the same has not been done by the opposite party. It is further alleged that a sum of Rs. 14,26,915/- is due against the opposite party till 31.5.1998 in which a sum of Rs. 2,03,971/- is the principal amount and Rs. 12,22,944/- is the interest at the rate of 15% per annum. The complainant has confined his claim to only Rs. 14,26,915/-. The opposite party was served notice and power was filed on 15.5.1999. Written statement was allowed to be filed within two months and thereafter 4.10.1999 was fixed. On 4.10.1999 the complainant was present but none was present on behalf of the opposite party. However, one more opportunity was given to file the written statement and the case was fixed for 18.2.2000. On 18.2.2000 the opposite party still remained absent and the case proceeded ex- parte against it. The complainant filed evidence in support of its case.
WE have heard learned Counsel for the Complainant. A perusal of the complaint clearly goes to show that there is no consumer dispute between the parties. The complainant has not hired any service from the opposite party. It is a case of purchase of copper scrap and payment of amount was made to the opposite party. There were several transactions between the parties and the complainant paid for the scrap from time to time. Thus it shows that it is a clear case of sale and purchase of material and such cases are out of the purview of the Consumer Protection Act.
THIS is a case of accounting also. The accounting is involved because the complainant has paid a particular sum but less scrap was allotted to him. Such transactions continued for sufficiently long period. Even in para 20 of the complaint, the complainant has alleged that he made several requests to the opposite party to settle the account but with no result. Hence this averment clearly goes to show that the accounting is also-required to be done in the present case. In this summary proceeding accounting cannot be done. Hence we come to the conclusion that this State Commission has no jurisdiction to try this case. The complaint is, therefore, liable to be dismissed. ORDER The complaint is dismissed. There will be no order as to the costs. Let copy as per rules be made available to the parties. Complaint dismissed.