JASBIR SINGH Vs. INDER TRACTORS

JUDGEMENT

(1.) MR. Justice Ashok Bhan, President-Petitioner, who was the complainant before the District Consumer Disputes Redressal Forum, Ropar (hereinafter referred to as 'the District Forum' for short), has filed the present Revision Petition against the Order dated 28.12.2005 passed by the State Consumer Disputes Redressal Commission, Punjab, Chandigarh (hereinafter referred to as 'the State Commission' for short) wherein and whereunder the State Commission thereby allowing the Appeal, set aside the Order of the District Forum and dismissed the Complaint.

(2.) SHORTLY stated, the facts leading to the filing of the case are:

(3.) IT was stated in the Complaint that being attracted by the advertisement in public by the respondents to the effect that on purchase of a new Eicher Tractor, they will give a Bullet Motor Cycle to the customer, petitioner/complainant approached OP No. 1 and paid Rs. 4,35,000 through bank draft and cash on 27/28.2.2004 for the purchase of tractor under the said scheme. That the said scheme was in force upto 31.3.2004. That by playing fraud, the opposite parties intentionally and willfully delivered the old tractor in place of new tractor. That on approaching the opposite parties, OP No. 2 told the petitioner that new tractor was not available with them and they will deliver him the new tractor after some time on receiving the same. That the opposite parties did not deliver new Bullet Motor Cycle as per the Scheme and have illegally taken Rs. 20,000 from the petitioner on account of miscellaneous expenses. Thus, alleging deficiency in service, petitioner filed the Complaint before the District Forum seeking direction for the opposite parties to deliver new Bullet Motor Cycle to him as per the Scheme and further to pay insurance cost of Rs. 6,519 which was paid by the petitioner and to pay Rs. 2,00,000 along with interest @ 18% p.a. as damages/loss besides costs of litigation.