S.PARVATHA RAO, MAMATA LAKSHMANNA
A. P. FOREST DEVELOPMENT CORPORATION LIMITED – Appellant
Versus
B. S. SUNDARAVADIVEL MUDALIAR – Respondent
Mr. Justice S. Parvatha Rao, President— These two appeals arose out of the order of the Khammam District Forum in O.P. No. 114/1994 dated 28.12.1994. F.A. No. 72/1995 was preferred by the opposite parties in that O.P. and F.A. No. 681/1995 was preferred by the complainant.
2. The dispute raised by the complainant relates to purchase of beedi leaves by it from the Andhra Pradesh Forest Development Corporation Limited. There is no doubt that the complainant at the relevant time was the manufacturer of B.S. Jadi Beedies and the purchase of beedi leaves was made by it for the manufacture of beedies. This is clearly for a commercial purpose. The District Forum failed to notice this and without adverting to this aspect of the matter allowed the complaint awarding compensation of Rs. 90,000/- towards deficiency in service on the part of the opposite parties because of delay of two months in delivering the beedi leaves rejecting the defence of the opposite parties that there was no delay on their part and that on the other hand, there was delay on the part of the complainant in paying the second instalment which was due on 31.10.1993. The case of the opposite parties was that, as the c
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