INTERNATIONAL TRACTORS LIMITED Vs. GULAB SINGH

JUDGEMENT

(1.) HEARD . By the order impugned the Forum below has directed appellant "International Tractors Limited" together with respondent No. 2 M/s. Parvat Singh Machinery Stores, to pay to respondent No. 1 - complainant jointly and severally, a sum of Rs. 1,50,000 with general damages of Rs. 15,000 and costs Rs. 1,200.

(2.) THE dispute pertained to a tractor manufactured by appellant company and purchased by respondent No. 1 -complainant from respondent No. 2 dealer. Admittedly, the tractor though sold for a total sum of Rs. 3,05,730, the respondent No. 1 -complainant had paid only Rs. 1,50,000 to the dealer. The tractor was purchased on 7.6.2003 which met with an accident on 8.6.2003 and was seized by the police in a criminal case arising out of the said accident. The tractor was received on supurdgi on 25.6.2003. His grievance before the District Forum was that after about four months of his taking the tractor on supurdgi he had taken the same to respondent No. 2 dealer for regular service. However, respondent No. 2 did not return the tractor to him and instead sold it to another person namely Kesar Singh. The complainant had claimed return of his price money with compensation and costs from both the opposite parties.

(3.) THE complaint was resisted by both the opposite parties and it was contended that the complainant on his own had returned the said tractor to respondent No. 2 after receiving back his money Rs. 1,50,000. The Forum below accepted the contention of the complainant and passed the order as aforesaid.