DWARIKA PROJECTS LIMITED (hereinafter referred to as DPL) is engaged in business of Government contracts since last 32+ years. DPL required 10 MT GI wire 4.00 mm for its project work in the month of June 2011. MANNOHAR LAL HIRA LAL LTD. (hereinafter referred to as MLHLL) offered to supply 10 MT GI wire 4.00 mm at a total all inclusive Price of at Rs 4,94,700. Witten Purchase order was given for the same on 22.06.2011 and DPL also paid Rs 4,94,700 on date 23.06.2011 as advance to MLHLL. MLHLL dispatched 9.00 MT GI wire (as against order of 10MT) amounting to a total of Rs. 4,45,230 via invoice number 669 dated 24.06.2011. Since the order delivered was less than promised an outstanding balance of Rs 49,470 remained in the account of MLHLL. In July, DPL required another 10 MT GI Wire. MLHLL offered to supply the GI wire at the same rate as last time i.e. Rs 4,94,700. DPL gave order of 10 MT GI wire via Purchase order 11.07.2011, and also telephonic ally told MLHLL to adjust the previous balance, which is outstanding in its account, in this order to which MLHLL agreed. The same was also mentioned on the Purchase order. Accordingly, DPL paid Rs 4,45,230 (Rs 494,700 – Rs 49,470) to MLHLL on date 12.07.2011. Again, MLHLL supplied only 9 MT GI wire (in place of 10 MT) on date 17.07.2011 as per invoice number 809 dated 11.07.2011. DPL reminded MLHLL to refund its excess payment many time telephonic ally and also via e-mail dated 02.09.2011, 11.10.2011 and 23.12.2011 and Letter on 28.12.2011. But MLHLL never replied to any mails or phone calls of DPL. Finally, after more than 4 months of numerous calls, emails and letter. MLHLL sent two supplementary invoice number 2208 and 2209 for amount Rs 34,414 and Rs 15,487 respectively, along with a letter dated 30.12.2011, stating that due to sudden inflation it is now raising the price of GI wire, and showed that a sum of Rs. 769 was outstanding after new rates and calculation. In response, DPL again sent a letter to MLHLL on date 4th January, 2012, stating that it is completely unfair and against the business ethics and once again requested MLHLL to pay the excess sum back to DPL. MLHLL did not respond to the letter. DPL sent a final notice addressed to the Managing director of MLHLL on 10.03.2011 for refund of payment via registered post. DPL sent a Legal notice to MLHLL on date 26.05.2012 through advocate V.K. Sharma for refund of amount but, MLHLL did not answer both the letters.

Refund of excess amount i.e. Rs 49,470 Plus interest @ 24% p.a. (as mentioned in invoice of MLHLL in case of delay of payments, so by doctrine of reciprocity, we demand same interest on our amount i.e. 24% p.a) Compensation of Rs 5,00,000 for loss of work due to non-delivery.

Complainant Information
name- bharatverma e-mail bharat@dwarikagroup