A R CHADHA AND CO Vs. SUBHASH CHANDER

JUDGEMENT

(1.) This appeal has been filed by the defendant against the order dated 9th October, 1990 of the District Forum, Delhi.

(2.) Briefly, the facts are that the complainant deposited a sum of Rs.4,900/- for the purchase of 10 drums of cement with the defendant, on 23rd December, 1989. The amount include Rs.2,000/- as security for the drums. He was informed that the delivery would be made on 26th and 27th December' 1989. It is alleged by the complainant that he asked his Contractor to arrange Labour for laying DPC of his house in Faridabad on those days. However, the defendant failed to deliver the Cement on both the days and as a result, he had to pay to the contractor a sum of Rs.1,395/- as the cost of labour for 3 days, as they could not do the work in the absence of cement. It is consequently, prayed that the respondent be directed to make payment of the loss suffered by him.

(3.) The complaint was contested by the defendant who pleaded that the defendant was not liable to pay the losses as alleged by the complainant, because the defendant never took any responsibility to supply the cement at the residence of the complainant. The complain- ant, it is alleged could take the bags himself from their godown at any time.