CLAY CRAFT (INDIA) PVT LTD Vs. RAJASTHAN SMALL INDUSTRIES CORPORATION LIMITED
LAWS(NCD)-2020-2-78
NCDRC
Decided on February 18,2020

CLAY CRAFT (INDIA) PVT LTD Appellant
VERSUS
Rajasthan Small Industries Corporation Limited Respondents




JUDGEMENT

V.K.Jain, J. - (1.) The complainants are companies incorporated under the provisions of the Companies Act. The case of the complainants is that they had made some deposit with the respondent Rajasthan Small Industries Corporation Limited for supply of coal. The grievance of the complainants/petitioners is that though the deposit was made for the purpose of supply of coal by the respondent to the complainants, neither the coal was supplied nor the deposit was refunded. Being aggrieved, the petitioner/complainant approached the concerned District Forum by way of separate Consumer Complaints, seeking refund of the deposit with interest. The petitioners/complainants alleged deficiency on the part of the respondent in rendering services to them.
(2.) The complaints were resisted by the respondent which took a preliminary objection that since the transaction between the parties was a commercial transaction, a Consumer Complaint was not maintainable and District Forum did not have jurisdiction to hear and adjudicate the dispute.
(3.) The District Forum having dismissed the Consumer Complaints, the petitioners/complainants approached the concerned State Commission by way of separate appeals. The said appeals also having been dismissed, the petitioners are before this Commission.;


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