LAWS(ORI)-2017-8-43

DISTRICT MANAGER, ODISHA AGRO INDUSTRIES CORPORATION LIMITED AND ANOTHER Vs. PURNA CHANDRA PARIDA AND OTHERS

Decided On August 09, 2017
District Manager, Odisha Agro Industries Corporation Limited And Another Appellant
V/S
Purna Chandra Parida And Others Respondents

JUDGEMENT

(1.) Challenge has been made to the order dated 30.03.2015 passed by the State Consumer Disputes Redressal Commission, Cuttack (hereinafter called "the State Commission") in C.D. Appeal No.29 of 2002 under Consumer Protection Act, 1986 (hereinafter called "the Act").

(2.) The factual matrix leading to filing of the writ petition is that opposite parties 1 and 2 filed Consumer Dispute Case No.29 of 1998 before the District Consumer Disputes Redressal Forum, Nayagarh (hereinafter called "the District Forum") alleging defect in the tyre of the H.M.T. tractor which was purchased by them on 30.06.1997. They claimed compensation of Rs.4 lakhs alleging deficiency in service on the part of the present petitioners. The petitioners filed written statement denying the allegations made against them and specifically averred that after purchase of the tractor, opposite party Nos.1 and 2 used the same for commercial purposes although they had purchased it for agricultural purposes having availed necessary subsidy.

(3.) The District Forum, after hearing the parties, passed the order by allowing the Consumer Dispute Case and further directed the petitioners along with opposite party No.3 to refund Rs.7,500/- to the complainants towards the cost of the tyre and to change radiator of the tractor with award of Rs.21,000/- as compensation to the complainants to be paid by the present petitioners and the opposite party No.3.