TAMBI IRRIGATION SERVICES Vs. KISANRAO MOTIRAMJI GHATOLE

JUDGEMENT

(1.) These are two Revision Petitions against the common Order of the 16.05.2014 of the Maharashtra State Consumer Disputes Redressal Commission, (for short "State Commission") whereby the appeal was partly allowed and some clauses of the order of the District Consumer Disputes Redressal Forum, Amravati (for short "District Forum") were set-aside. Both the Petitions are therefore, disposed of together by this order. For convenience, the facts are drawn from RP 3640 of 2014 and the parties are placed as in the original complaint filed before the District Forum.

(2.) The Jain Irrigation System Ltd. (OP - 1) is a manufacturer of the components of irrigation system and Tambi Irrigation Services (OP -2) is the authorized dealer of OP - 1. Shri. Kisanrao Motiramji Ghatole and Shri. Madhavrao Kisanraoji Ghatole are the complainants in the Consumer Complaint. The State Bank of India (OP- 4) financed loan to the complainants.

(3.) Brief facts that, the OP - 1 proposed a lift irrigation system to the complainants for proper irrigation of their plantation. As per the project report, approximately total investment was Rs. 14,00,000/- . The margin money of 25 % i.e Rs. 3,50,000/- was invested by the complainants by taking a loan from OP-4 Bank. The installation of the lift Irrigation System by the OP - 2 was completed on 20.06.2004 and its demonstration was given on 01.09.2004. At the time of demonstration, complainants noted that the pipes were of inferior quality and broken at many places. Thus, complainants alleged that the irrigation system purchased/ installed from the OPs was found to be defective and its performance and not conform to its specifications and descriptions. Thus, as a result the required water supply to their plantation was not available and they sustained loss. Being aggrieved by the alleged deficiency in service the complainants filed a complaint in the District Forum, Amravati.