S.G. Deshmukh, Presiding Judicial Member—The present appeal is filed by original opponent against the judgment and order dated 16.4.2001 in complaint case No.37/97 passed by District Forum, Osmanabad.

2. Respondent/Org. Complainant’s case before the Forum is that he spent Rs.3,50,000 for construction of MIDC plot No.B-61. It, is contended that on 9.9.96 he placed an order for 50 mm extruder machine for manufacturing of PVC wires and other material with the respondent. It is contended that cost of machine was Rs.5,20,000 with including taxes etc. cost was fixed for Rs.6,30,269. It is contended that machine was to be delivered within 5-6 weeks. It is contended that after expiry of 5-6 weeks complainant enquired with the present appellant about completion of work. Appellant asked. additional 2-3 weeks for supply of machine. Complainant made enquiry on phone after 2-3 weeks. He was told that small work of machine was still left it will require 15 days more. It is contended that thereafter complainant visited the respondent. He was told that 1-1/2 months time would be required to make available machine. After expiry of said period complainant made enquiry but appellant did n