RADHEY SHYAM Vs. HINDUSTAN ZINC LTD

JUDGEMENT

(1.) The question that arises in the present appeal is whether the Appellant/Plaintiff (hereinafter "Plaintiff") is entitled to the discount termed as 'distance rebate' of Rs.400/- per MT of sulphuric acid, purchased from the Respondent/Defendant (hereinafter "Defendant").

(2.) The Defendant is a manufacturer of sulphuric acid and the Plaintiff used to purchase the same in bulk quantities from the Defendant. One such transaction entered into between the Plaintiff and Defendant is by a letter dated 19th September, 2003 which is in Hindi language. The terms of the said letter translated into English, are as under:

(3.) Admitted facts are that Rs.1 Lakh security amount was given by the Plaintiff who also lifted the entire quantity of 3500 MT of sulphuric acid by making an advance payment. After the entire purchase was made by the Plaintiff, it demanded from the Defendant, that the distance rebate of Rs.400/- per MT + rebate of Rs.100/- per MT which was also to be given, be paid. Repeated reminders, both verbal and in writing, were given to the Defendant vide letter dated 6 th November, 2003, 2nd December, 2003, 13th December, 2003, 18th December, 2003, 8th February, 2004, 9th February, 2004, 16th February 2004 and 6th March, 2004. However, there was no response and hence the Plaintiff issued a legal notice on 31st July, 2004 demanding payment. In its reply dated 24th/27th August, 2004 the Defendant denied the claims of the Plaintiff.