YOGESH SURESH CHAUDHARI Vs. AUTO WHEELS

JUDGEMENT

(1.) The petitioners/complainants, who are farmers by profession purchased a tractor manufactured by respondent No.2 - Kubota Agricultural Machinery India Pvt. Ltd. from their dealer respondent No.1 M/s Auto Wheels on 21.7.2011 for a consideration of Rs.435100/- taking a loan of Rs.2,64,000/- to part finance the purchase. The tractor purchased by the complainants did not carry any warranty. The case of the complainants is that the tractor started giving trouble two weeks after its purchase and was taken for repairs 2-3 times. Some parts were also replaced despite the tractor not carrying any warranty but despite that, the tractor was not working properly and had manufacturing defects. The complainants, therefore, approached the concerned District Forum by way of a consumer complaint seeking refund of the price they paid for the tractor with compensation.

(2.) The complaint was resisted by the petitioners who admitted the sale made to the complainants but asserted that the small complaints pointed out by the complainants in the tractor were duly attended and some parts were also replaced in that process. They denied any manufacturing defect in the tractor.

(3.) The District Forum having allowed the consumer complaint, the respondents approached the concerned State Commission by way of an appeal. Vide impugned order dated 25.6.2015, the State Commission allowed the appeal and consequently dismissed the consumer complaint. Being aggrieved, the complainants are before this Commission.