INDIAN PHYTOCHEM Vs. S K BANERJEE
LAWS(UTNCDRC)-2004-4-5
UTTARAKHAND STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on April 16,2004

INDIAN PHYTOCHEM Appellant
VERSUS
S K BANERJEE Respondents




JUDGEMENT

- (1.)THE complainant in this summary proceeding, where the record of the case is in more than 400 pages, has filed the complaint for recovery of Rs. 19,98,000/ - (Rupees nineteen lacs ninety eight thousand) along with pendente lite and future interest @ 24%. By an amendment application dated 9.4.2003, the relief portion was clarified and amended even in respect of interest rate.
(2.)THE facts of the case will show that this is not a consumer dispute and complicated and intricate questions are involved in the case. There are also allegations of fraud, etc., which cannot be decided, in summary proceedings by Consumer Foras. We shall scan the pleadings in this light.
(3.)IT is pleaded that the complainant planned to instal their plant for solvent extraction with vacuum evaporator for production of herb powder in their factory at F -19 Industrial Area -2, Hardwar. The complaint has been filed by M/s. Indian Phytochem, a company incorporated under Indian Companies Act, 1956. The complaint has been filed by a company and prima facie, there is a dispute of business activity and commercial transaction.
In para 2 of the complaint, it is alleged that the opposite party Sh. S.K. Banerjee, Managing Director of Driam Chotebroske Asia Industries Ltd. assured to get designed, fabricated, installed and commissioned the said plant within six weeks and a minute was signed by the opposite party on 17.6.2000. The opposite party agreed to complete the design work immediately against a lumpsum payment of Rs. 25,000/ - (Rupees twenty -five thousand).



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