MONA PLAST ENTERPRISES vs INDIAN PETROCHEMICALS CORPN. LTD

THIS is an appeal against the order of 28th of July, 1990 of the State Commission of U.P., Lucknow. The case of the appellant in brief is that a pay order for Rs. 1,04,000/- was purchased from Punjab National Bank respondent No. 2 on his behalf by M/s. Choudhary Chemicals against cash provided by the appellant. M/s. Choudhary Chemicals had obtained the pay order for the above amount on the 22nd of August, 1989. The appellant delivered this pay order to respondent No. 1, Indian Petrochemicals Corporation Ltd. for purchase of 4 M. Tonnes of PVC Resin. The purchaser of the Bank pay order viz. Choudhary Chemicals on 25th August, 1989 had informed the Punjab National Bank respondent No. 2 that the said pay order had been lost by them and that the payment of the same should be stopped and duplicate pay order might be issued to them. Simultaneously on the same date M/s. Choudhary Chemicals informed respondent No. 1, Indian Petrochemicals Corporation Ltd. of the loss of the pay order and added that the use of the same by any one would be fraud against the company. In consequence the respondent No. l did not issue the PVC Resin material to the appellant till payment was made again for the material to be supplied.

OTHER allegations about lapses on the part of the Indian Petrochemicals Corporation Ltd. and Punjab National Bank submitted in the Appeal are not relevant to the disposal of the complaint. The findings of the State Commission are that there was no deficiency in service on the part of the Respondent No. 2 (PNB) and that the Consumer Protection Act is not concerned with the non-delivery of goods by respondent No. 1 inasmuch it had not been proved that the Complainant-Appellant had made the payment for purchase of the goods in question, that M/s. Choudhary Chemicals should have been impleaded as a party by the complainant in the complaint but they failed to do so.

We have gone through the records and heard the counsel for the appellant at length. This Commission is satisfied that no deficiency in service on the part of the Respondents has been established by the appellant. He has also not filed a copy of his complaint before the State Commission. In fact in its order the State Commission has observed that there were no signatures of the complainant on the complaint. If the agent of the appellant viz. M/s. Choudhary Chemicals have wrongly and unjustifiably got stopped the pay order for Rs. 1,04,000/-, said to have been purchased from the Punjab National Bank in favour of Indian Petrochemicals Corporation Ltd. On behalf of the appellant, it was open to the appellant to seek redress against his Agent but he has no case against respondent No. l, Indian Petrochemicals Corporation Ltd. and No. 2, Punjab National Bank.

THE Commission cannot help observing that the appellant has invoked the Consumer Protection Act and has come in appeal without good and sufficient cause. THE order of the State Commission is confirmed, and the appeal is dismissed. THE appellant shall pay Rs. 1,000/- as costs to the Opposite Party. Appeal dismissed.