H.S.BRAR, JASBIR SINGH, D.K.BHAMRAH
VIVEK HATCHERIES (P) LTD. – Appellant
Versus
GURMAIL SINGH – Respondent
Mr. Justice H.S. Brar, President—Brief factual position as taken from the record of this case is that the complainant is carrying on business of poultry farming. On 14.10.1997 the complainant contacted respondent No. 2, Kulwant Singh, who is agent/representative of respondent No. 1, who is supplier of broiler chicks and booked an order with respondent No. 2 for supply of chicks @ Rs. 9/- per chick at his poultry farm. He paid Rs. 7,000/- in advance at the time of booking on 14.10.1997 to respondent No. 2, who issued the receipt of the above said amount and assured the complainant on behalf of respondent No. 1 to supply the chicks on 14.10.1997. Respondent No. 1 supplied chicks on 21.12.1997 with the assurance that the chicks supplied were broilers.
2. The complainant started feeding and caring the chicks supplied as per the assurance of the respondent No. 1 and spent huge amount for feed, labour, upbringing which includes electricity consumption, water consumption charges for upbringing the chicks. But their growth rate was very poor. The average weight of a broiler should have been 1250 grams in 45 days in case of broiler chicks, but the chicks supplied by the respondents was
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