By Smt. Padmini Sudheesh, President: A brief history of the case is as follows. The petitioner is a Service Cop-operative Bank represented by the Director who is authorised to do so. The annual general body meeting of the Bank held on 17.9.06 has decided to distribute complementary gifts to its members as token of regards. Accordingly the petitioner had placed orders before the respondent to supply 3650 stainless steel dishes at Rs.110/- each for a total price of Rs.4,01,500/-. It was also agreed to by the respondent that the goods shall be delivered before the scheduled meeting and the price fixed is inclusive of all expenditure including sales tax. The petitioner had paid the entire sale consideration as early as on 13.9.2006. However the respondent did not supply the entire goods in time as promised. He supplied only 3270 number of dishes on six different occasions. The cash pertaining to the goods supplied were not honoured by the sales tax authorities and the petitioner had to pay sales tax and other charges to the tune of Rs.12,560/-. When the petitioner claimed for the said amount the respondent issued a cheque for the said amount on Bharath Over Seas Bank Salem. But it was dishonoured and criminal case is pending. The respondent did not supply the balance vessels. Hence the petitioner claimed for compensation, Rs.41,800/- being the value of unsupplied goods and costs. 2. The respondent remained exparte. 3. The petitioner has filed affidavit and three documents, which are marked as Exts. P1 to P3. 4. According to the complainant, they are entitled to get back Rs.41,800/- the value of unsupplied goods and Rs.12,560/- being the tax paid on consignment. They also claimed for compensation. 5. There is no evidence to the contrary. 6. So the complaint is allowed and the respondent is directed to pay Rs.41,800/- (Rupees forty one thousand and eight hundred only) and Rs.12,560/- (Rupees twelve thousand five hundred and sixty only) to the complainant with interest at the rate of 12% per annum from the date of complaint till realization. No order as to cost and compensation. Comply the order within two months. Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 29th day of September 2008.
