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SURINDER SARUP, ONKAR CHAND THAKUR, PREM CHAUHAN
KAMALINDER SINGH – Appellant
Versus
HANUMAN TRADER – Respondent


Advocates:
Counsel for the Parties :
For the Appellant :Mr. Sandeep Sharma, Advocate.
For the Respondent: None.

ORDER

Mr. Justice Surinder Sarup, President—This appeal is directed against the order of the learned District Forum, Shimla, Camp at Solan, dated 19.9.2003, whereby the complaint of the appellant/complainant has been dismissed.

2. The complainant’s case, in brief, is that he purchased 140 bags of Ambuja Cement from the respondent on 20.10.2000 for the construction of godown in which the raw material for his flour mill, mini rice sheller and an oil extraction machine was to be stored. It has been alleged that out of total quantity, the respondent has supplied some 111 bags of 43 grade cement which is only meant for Government approved contractors and not for general public including the complainant. Consequent upon the use of the said cement in the construction of the alleged godown, the roof of the godown started leaking profusely endangering its safety. It has further been alleged that the matter was brought to the notice of the respondent and it was assured by the opposite party that leakage would stop automatically, but it did not. Hence, the complaint, seeking Rs. 1 lakh on account of destruction of law material stored in the godown and further Rs. 1 lakh on account of poor quali










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