Mr. Justice S.A. Shah, President — The complainant ordered three pass coal fired steam generation Boilers with the capacity of 550 Kg/Hr. at 10.54 Kg/Centimeter square working pressure from the opponent company as per quotation dated July 21,1989.

2. The opponent dispatched the said boiler on or about 6th September, 1990. The complainant has produced a copy of the delivery challan with the complaint. According to the complainant the boiler which was delivered was 2 pass boiler and not 3 pass boiler as contracted and required by the complainant for which the payment has been alleged to have made. The complainant has paid Rs. 1,71,520/- for such boiler. According to the complainant the cause of action of the complaint arose on 7.7.91 when boiler supplied by the opponent exploded and caused material damage as well as loss to the lives of two workers engaged in the factory of the complainant.

The complainant informed the opponent but with no response. In a letter to the complainant the opponent appears to have stated that the explosion had taken place due to mal-operation and negligence of the complainant but the same was not backed up by any reason as alleged by the complainant. It