PETITIONER:
PUNJAB WATER SUPPLY & SEWAGE BOARD
Vs.
RESPONDENT:
M/S. UDAIPUR CEMENT WORKS AND ANOTHER
DATE OF JUDGMENT13/11/1995
BENCH:
KULDIP SINGH (J)
AHMAD SAGHIR S. (J)
CITATION:
1996 AIR 537 1995 SCC Supl. (4) 117
1995 SCALE (6)327
ACT
HEADNOTE
JUDGMENT
ORDER
Punjab Water Supply and Sewage Board, Chandigarh (the Board) filed a complaint before the Consumer Disputes Redressal Commission, U.T. Chandigarh (Commission) against M/s. Udaipur Cement Works, Udaipur, Rajasthan (the cement works), alleging, inter alia, deficiency in service in the supply of cement for which confirmed orders were placed by the Board. The Commission allowed the complaint and awarded 12% interest to the Board for the period during which the amount of deposit remained with the cement works. The National Consumer Disputes Redressal Commission (the National Commission) by the order dated September 27, 1994 reversed the order of the Commission and dismissed the complaint of the Board. This appeal by way of special leave is against the order of the National Commission.
The Commission noticed the admitted facts, which emerged from the pleadings of the parties, in the following words:
"Certain undisputed facts emerge in this
case. The salient ones are that the
complainant placed an order for the
supply of cement with the respondent
firm and for this purpose, an amount of
Rs.23,62,900/- was remitted to the
respondent firm and by means of three o
Bank Drafts. According to the order as
confirmed, 2500 M.T. Cement had to be
supplied on or before 7.3.1988. There is
also no controversy about the fact that
the goods in question were delivered to
the complainant in November, 1990 and
that too at the higher rate and not at
the original rate as agreed to at the
time of placing the order. In the wake
of these undisputed facts, the points
raised in defence on behalf of the
respondent firm may be considered."
The National Commission allowed the appeal of the cement works and set aside the order of the Commission by a short order which is reproduced hereunder:
"In our opinion the counsel appearing
for the Appellant is well founded in his
submission that there was no arrangment
of hiring of service at all between the
parties in this case since the
transaction is one of sale and purchase
simplicitor namely the sale and purchase
of a specified quantity of cement which
was to be supplied by the Appellant
herein to the Respondent. In these
cumstances no question of deficiency in
ervice can arise so as to entitle the
complainant to invoke the jurisdiction
of the Consumer Forum when there was no
case at all of any defect in the goods
supplied. Unfortunately, this important
aspect of the case was lost sight of by
the State Commission and it proceeded to
grant relief to the Complainant on the
ground that delay in the supply of
cement constituted deficiency in
service. We hold that the said Order of
the State Commission is clearly illegal
and without jurisdiction and is hereby
set aside. The Complainant will be at
liberty to pursue whatever other
remedies are open to him in law."
We do not appreciate the blanket observation of the National Commission to the effect that where the transaction is one of sale and purchase simplicitor "no question of deficiency in service can arise so as to entitle the complainant to invoke the jurisdiction of the Consumer Forum when there was no case at all of any defect in the goods supplied". The impugned order of the National Commission is rather mechanical. Learned counsel for the parties have invited our attention to Section 2 (c), (d), (f), (g), (o) and various other provisions of the Consumer Protection Act, 1986 (the Act). The National Commission, in our view, should have appreciated the pleadings of the parties in the light of various provisions of the Act.
We allow the appeal, set aside the impugned order of the National Commission and remand the case to the National Commission to hear the appeal against the order of the Commission afresh after affording opportunity to the parties. It will be open to the parties to raise relevant questions of law and fact before the National Commission. No costs.