1. That your complainant no.1, ASTER TRADERS PVT LTD., is Company incorporated under the Companies Act, 1956 Represented by its Director, and having its Office at 50, Suburban School Road, Police Station-Kalighat Kolkata- 700 025 engaged in business of service provider. Contact Bhaskar Gupta 9903969593
2. That your complainant no.2, NAMAN COMMERCIAL PVT LTD., a Company incorporated under the Companies Act, 1956 Represented by its Director, and having its Registered Office at 50, Suburban School Road, Police Station-Kalighat Kolkata- 700 025 engaged in business of real estate development. Contact Bhaskar Gupta 9903969593
3. That your complainant no.3, BLUECHIP MERCHANDISE PVT LTD., a Company incorporated under the Companies Act, 1956 Represented by its Director, and having its Registered Office at 23/1, Maharshi Debendra Road, Police Station- POSTA BAZAR, Kolkata- 700 007 engaged in business of service provider and trading.
4. That the opposite party MAGNUM DIESELS PRIVATE LIMITED is a company engaged in business of trading and manufacturing of D.G. Set having its office at 46, B.B. Ganguly Street, Unit -1, 2nd Floor, Police Station- bowbazar, Kolkata 700012
6. That with the view to diversify the business in the sector of services the complainants HAVE some commercial unit no. 1B at first floor, unit no. 2A and 2B on second floor of the building for its own use and gain.
7. That the complainants on the basis of the requirement for immediate power backup for its own use, ordered the opposite party vide purchase Order dt.28-05 to supply, do the needful and commission of one D.G. Set of 320 KVA with L&T Standard AMF Panel having engine of Greaves Cotton Ltd. with Stamford Alternator (hereinafter referred as the said material) at the complainants office site at 184, N.S.C Bose Road, Kolkata 700040 vide order dt.28-05 (Annexed and marked “A”) for Rs.18, 78, 664.75 and other terms and condition therein and was accepted by the opposite party. On the basis of the said acceptance vide receipt no.000419 dated 30-06 (Annexed and marked “B”), an advance of Rs.50000/- was paid to the opposite party vide Cheque No. 478512 dated 30-06 drawn on Andhra Bank, N.S. Road Kolkata.
8. That till 28-07 after expiry of delivery period the complainants request opposite party to arrange for the inspection as per the terms of purchase order and thereafter the delivery of D.G. Set. The opposite party informed that would communicate the information and would get the inspection conducted from the complainants within a week.
9. That after number of reminders, the opposite party had not arranged for the inspection and/or provided any information and continues till 07-03.
10. That thereafter the complainants were forced to cancel their purchase order and demand the refund of the advance of Rs.50000/- along with interest @18% p.a. vide there letter dated 07-03 (Annexed and marked “C”) from the opposite party.
11. That till dated 07-03 the opposite party have not contacted or communicated any date to be schedule for inspection and delivery of the said material to the complainant’s office 184, N.S.C Bose Road, Kolkata 700040.
12. That opposite party vide there letter dated 10.03.2009 denied refund of advance and again falsely represented (Annexed and marked “D”)
(1) That incomplete site at the complainants end was the prime reason for not executing the contract on time.
(2) That service provided in terms of engineering and technical assistance.
(3) That has kept DG SET in sub assembly stage since June.
13. That thereafter the complainants have replied to the letter of the opposite party and demanded reply vide letter dated 21-03 (Annexed and marked “E”) which is still unreplied.
0 comments