UTAM SINGH PATHANIA Vs. KALU RAM

JUDGEMENT

(1.) This appeal is directed against the order, dated 8.1.2010 passed in Consumer Complaint No.303/2008 whereby the complaint was partly allowed and opposite party was directed to issue the sale certificate and other documents, if any, required for registration of new tractor to the complainant within 30 days after the receipt of the copy of the order. Further direction was made for payment of Rs.20,000/ - as compensation for mental agony and harassment to the complainant and litigation cost was quantified at Rs.5,000/ -. Parties are hereinafter being referred to as per their status in the complaint.

(2.) Facts of the case as they emerge from the record are that the complainant, Kalu Ram, had sold his old tractor bearing No.HP -38 -2648 for a sum of Rs.1,75,000/ - to the opposite party and the value of this old tractor was to be adjusted in the price of new tractor which is to be purchased by the complainant from the opposite party. Further averments were to the effect that the complainant had purchased a new tractor bearing Chassis No.KMU -3040000224,Engine No.C324400228MU, for a sum of Rs.4,45,000/ - vide bill No.29, dated 20.3.2008, from the opposite party. It is alleged that the complainant had got prepared a draft of Rs.1,00,000/ - from the Kangra Central Co -operative Bank, Branch at Raja Ka Talab, and had handed over the draft to the opposite party. He had given the balance payment in cash after adjusting the value of his old tractor. It was also contended that at the time of delivery of the new tractor on 20.3.2008, the opposite party had told him that the sale letter forms were out of sock and they had advised him to come on the next date, i.e. on 21.3.2008. Accordingly, he had again visited their office on 21.3.2008, but they had told that the authorized signatory was out of station and thereafter he had again requested the opposite party number of times to issue the sale letter of the new tractor, but they had failed to issue the same. It is alleged by the complainant that he has been suffering damages to the tune of Rs. One thousand daily. He has also contended that he will have to make the payment of late fees at the time of the registration of the tractor. Hence, deficiency of service had been alleged on the part of the opposite party.

(3.) In this background, present complaint under Section 12 of the Consumer Protection Act, 1986 was filed against the opposite party, wherein direction had been sought for issuing sale letter/certificate and for making payment of late fees required for registration of the tractor and for payment of Rs.1,000/ - per day as damages and compensation to the tune of Rs.25,000/ - had been claimed for mental agony and harassment and litigation cost amounting to Rs.6,000/ - were also claimed from the opposite party.