LAWS(DELCDRC)-2007-3-3

KRISHAN KUMAR DHANKER Vs. HYDRO SPARES & SERVICES

Decided On March 23, 2007
Krishan Kumar Dhanker Appellant
V/S
Hydro Spares And Services Respondents

JUDGEMENT

(1.) COMPLAINANT purchased a machine (equipment) L & T 580 -3, Loader Backhoe Hydraulic Excavator -cum -Loader Machine Sl. No. ULB -2644, Engine No. 48.1505/0100203, Chassis No. ULB -01J264 of O.P. No. 2 in the price of Rs. 14,15,000 through its authorised dealer, O.P. No. 1 on 4.12.2001. The bill of the machine dated 15.12.2001 was delivered by O.P. No. 2 to the complainant after three months, but form No. 21 (Sales Certificate) and form No. 22 (Initial Certificate of Road Worthiness) not given. O.P. No. 2 gave both the form Nos. 21 and 22 in April, 2002 to the complainant.

(2.) THAT O.P. No. 3 financed Rs. 9,75,000 at the interest rate of 9% p.a. out of Rs. 14,15,000 to the complainant in December, 2001. The receipt of the cash was not issued by O.P. Nos. 1 and 3 and they told that the above said money would be adjusted in bill. After receiving the full price of Rs. 14,15,000 of the machine by O.P. No. 2 he then delivered the machine to the complainant on 4.12.2001. The bill of the said machine was delivered to the complainant after three months by O.P. No. 2.

(3.) THAT the above said machine started giving trouble on 2.5.2002 at evening. O.P. No. 1 was informed by the complainant regarding the trouble of the machine on telephonic message on 3.5.2002 early morning. O.P. No. 1 attended the complaint on 7.5.2002 and made entry of the working hour in service record as under : 7.5.2002 509 hours 13.5.2002 Entry not made 15.5.2002 517 hours 20.5.2002 552 hours 4.6.2002 619 hours 6.6.2002 619 hours 23.10.2002 1022 hours