A.K.ANNAMALAI J. - (1.) The unsuccessful complainant is the appellant.
(2.) The Complainant filed a complaint against the opposite parties for the relief of directing the opposite parties not to deal with cylinders in contravention of the Explosives Act 1884 and not to make any demand with respect of 100 cylinders which were transferred to the 3rd opposite party and directing the 3rd opposite party to reimburse the balance amount of Rs.61,191/- with interest and for compensation of Rs.1,00,000/- for 1st and 2nd opposite parties for mental agony and deficiency of service and for costs.
(3.) The brief details of the complaint are as follows :- The complainant engaged business of industrial gases approached for 1st opposite party and undertaken to by industrial Oxygen cylinder on hire purchase basis by the 1st opposite party for transferring the cylinder and complainant paid Rs.1,00,000/- and two occasions i.e. 5.8.1999 and 7.8.1999 respectively. The complainant had to pay transport charges door delivery was promised free of cost. The cylinder cost is also increased to Rs.3,100/- go it was negotiated for Rs.2,500/- per cylinder. Thus the complainant had incurred huge financial loss and thereafter negotiated with opposite party reached an agreement by which 100 cylinders were transferred to 3rd opposite party for an amount Rs.1,56,691/- and 3rd opposite party to pay directly to 1st opposite party. The 3rd opposite party had given a cheque for Rs.1,54,233/-. The 2nd opposite party after encashment of few cheque an amount of Rs.95,500/- was paid to the complainant out of Rs.1,56,691/-. An agreement dated 31.02.03 paying compensation of Rs.3,56,146/- was signed by the complainant with the 2nd opposite party along with the other damages to the 2nd opposite party and also gave three cheques to 2nd opposite party. 1st opposite party came forward for the settlement with however no progress was made on the claim complaint filed seeking award direct the 3rd opposite party to reimburse an amount of Rs.61,191/- along with the commercial rate of interest 18% and direct the opposite parties 1 and 2 to pay compensation Rs.1,00,000/- each for the mental agony and suffered.;