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Alpolic Industries v/s Tiger Steel Engineering (1) Pvt. Ltd.

Company & Directors' Information:- TIGER STEEL ENGINEERING (INDIA) PRIVATE LIMITED [Active] CIN = U28112MH1995PTC093973

Company & Directors' Information:- TIGER CORPORATION PRIVATE LIMITED. [Active] CIN = U74899DL1995PTC066760

Company & Directors' Information:- A K C STEEL INDUSTRIES LTD [Active] CIN = L27109WB1957PLC023360

Company & Directors' Information:- TIGER INDIA PRIVATE LIMITED [Active] CIN = U74999HR2015FTC055191

Company & Directors' Information:- H. R. STEEL INDUSTRIES PRIVATE LIMITED [Active] CIN = U67120WB1989PTC047666

Company & Directors' Information:- S K P STEEL INDUSTRIES PRIVATE LIMITED [Active] CIN = U27310WB1997PTC085261

Company & Directors' Information:- D P ENGINEERING INDUSTRIES LIMITED [Active] CIN = U27310DL2008PLC176856

Company & Directors' Information:- A D STEEL INDUSTRIES PRIVATE LIMITED [Active] CIN = U27300GJ2020PTC119118

Company & Directors' Information:- A K ENGINEERING INDUSTRIES (INDIA) PRIVATE LIMITED [Active] CIN = U25206DL1997PTC085204

Company & Directors' Information:- TIGER STEEL INDUSTRIES (INDIA) PRIVATE LIMITED [Active] CIN = U27310MH2015PTC267422

Company & Directors' Information:- A M R STEEL INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U27100MH2010PTC203176

Company & Directors' Information:- G L ENGINEERING INDUSTRIES PRIVATE LIMITED [Active] CIN = U28920MH1981PTC023662

Company & Directors' Information:- A R STEEL INDUSTRIES PRIVATE LIMITED [Active] CIN = U27104TN1995PTC030382

Company & Directors' Information:- B V M ENGINEERING INDUSTRIES LIMITED [Active] CIN = U28111DL1972PLC005983

Company & Directors' Information:- B P STEEL INDUSTRIES PRIVATE LIMITED [Active] CIN = U28900MH1959PTC011426

Company & Directors' Information:- K S STEEL INDUSTRIES PRIVATE LIMITED [Active] CIN = U27320OR1993PTC003340

Company & Directors' Information:- A S STEEL INDUSTRIES PVT LTD [Strike Off] CIN = U27209WB1983PTC035796

Company & Directors' Information:- N K STEEL INDUSTRIES PVT LTD [Strike Off] CIN = U27205WB1980PTC033122

Company & Directors' Information:- J B STEEL INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U74999MH1954PTC009352

Company & Directors' Information:- R R R ENGINEERING INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U74899DL1993PTC055069

Company & Directors' Information:- A. V. ENGINEERING INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U99999DL1974PTC007360

Company & Directors' Information:- B N STEEL INDUSTRIES PVT LTD [Active] CIN = U27109WB1959PTC024368

Company & Directors' Information:- G D R ENGINEERING INDUSTRIES PVT LTD [Strike Off] CIN = U27109UP1971PTC003388

Company & Directors' Information:- R M STEEL INDUSTRIES PRIVATE LIMITED [Active] CIN = U74899DL1981PTC011723

Company & Directors' Information:- L S ENGINEERING INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U74899DL1977PTC008484

Company & Directors' Information:- I B I ENGINEERING INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U45202PB1974PTC003422

Company & Directors' Information:- A H B ENGINEERING INDUSTRIES PVT LTD [Strike Off] CIN = U35999WB1988PTC044786

Company & Directors' Information:- O K ENGINEERING INDUSTRIES PRIVATE LTD [Active] CIN = U74899DL1987PTC027660

Company & Directors' Information:- INDIA STEEL INDUSTRIES PVT LTD [Strike Off] CIN = U28111WB1959PTC024156

Company & Directors' Information:- R P ENGINEERING INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U99999DL1973PTC006781

Company & Directors' Information:- S V ENGINEERING INDUSTRIES PVT LTD [Under Liquidation] CIN = U74210TG1981PTC003174

    Complaint No. C-11 of 176

    Decided On, 16 August 2011

    At, Delhi State Consumer Disputes Redressal Commission New Delhi

    By, MEMBER

    For the Appearing Parties: -------

Judgment Text

Barkat Ali Zaidi, President (Oral):

1. The facts of the case are that the complainant who is engaged in making wooden panels, entered into written agreement on 2.7.2009 with the OP for erecting a shed in Roorkee(Haridwar) for the complainant company. According to the agreement, 62 tons of steel-frame was to be used by the OP, subject to 5% variation, payable by the complainant @ Rs. 66 per kg. totalling to Rs. 40,92,000 including the total taxes, loading and unloading, freight charges and the structural paneling items. The OP started functioning and the OP engaged one Sanju Steel Industries of Bawal Haryana for the erection of the shed, and as agreed between the complainant and the OP, released a work ordervide letter 27th January, 2010 in favour of M/s. Sanju Steel Industries for erection of the shed, and also issued a cheque dated 27.1.2010 in favour of Sanju Steel Industries of an amount of Rs. one lac. The work release order is not on the file, and paid Rs. 8 lac by cheque on 11.1.2010 to the OP and Rs. 14 lac by cheque on 27.1.2010 to the OP for supplying material and other things. After receipt of Rs. 22 lac, the OP supplied materialvide invoices Nos. 613 and 614 dated 20.1.2010 and 31.1.2010 respectively, to the complainant at Roorkee, which according to the invoices, weighed 43.962 metric tons. The case of the complainant is that when this steel mentioned in the invoice, was weighed on 31.1.2010 at Namberdar Computerized Dharamkanta, Dehradun Road, Raipur in Haridwar, it weighed only 28.515 metric tons in place of 43.962 metric tons. The complainant sent an e-mail from Delhi on 3.2.2010 complaining about this fact to OP and the OP as alleged(Oral) admitted it with an oral undertaking that in future all the material will be supplied according to the original design and contract. On 10.3.2010,vide e-mail, the OP informed the complainant that the original technical space is changed in between and the building has been designed accordingly, and the material is reduced to 43 tons. The complainant’s grouse is that the design was changed without consultation, consent and approval and knowledge of the company, and the complainant verbally informed the OP that the complainant does not agree to the change of the original technical space and design. The complainant’s further case is that on 5.3.2010 and 6.3.2010 in e-mails to OP, he complained that the erection work is going with a slow speed and halted, and there is no progress on the erection front for last 4 days, reminding the OP that the purchase order dated 16.12.2009 written by the complainant to the OP provides 60 days period from the date of confirmation of the drawing from our end, with penalty of Rs. 25,000 per day, and the OP will be responsible for all designs, conditions in respect of safety and damages. In letter dated 6.3.2010, the complainant also complained of change of the structure, which the complainant reiterated in his e-mail dated 8.3.2010. The OP completed the shed and informed the complainant telephonically that the shed of the changed design is completely safe and they will get it confirmed from some independent agency that the changed design is safe, otherwise they will take back all the material and return the money, but till day neither any certificate has been produced nor money returned. The complainant’s further grouse is that the OP has taken Rs. 1.74 lac extra from the complainant more than their bills. The complainant has now come before this Commission with a complaint to direct the OP to collect all material supplied and return the amount of Rs. 28,14,600 to the complainant with 18% interest, and also to repay extra amount of Rs. 1.74 lac immediately and Rs. 10 lac as damages for deficiency and cost of notice Rs. 5,500.

2. We have heard Mr. Sunil Sehgal, Counsel for the complainant at the stage of admission.

3. It will appear from above narration that the complainant is a company for making wooden panels, and the shed was sought to be constructed by the complainant company for the purposes of the operations of the company. The complainant is a commercial company, and the shed was being erected for the business purpose of the company, and the contract for building the shed was therefore clearly for commercial purposes, as envisaged in Section 2(1)(d)(ii) of the Consumer Protec

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tion Act, 1986. Even the supply of the steel by the OP was for the commercial purpose. It is not a deal of individual for earning his livelihood, and has therefore to be classified as a commercial deal. The complaint is accordingly dismissed as such. 4. A copy of this order as per the statutory requirements be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to Record room. Complaint dismissed.