(1.) The present Revision Petition is filed by the Petitioner under Section 21(b) of the Consumer Protection Act, 1986 against Order passed by the Maharashtra State Consumer Disputes Redressal Commission, Circuit Bench at Nagpur (hereinafter referred to as the "State Commission") in Appeal No. A/03/391dated 16.08.2013.
(2.) Petitioner/Complainant purchased S-324 Sonalika Tractor fitted with Simpson Engine manufactured by Respondent No.3/Opposite Party No.3. As per the brochure issued by Respondent No.1/Opposite Party No.1, the capacity of the engine of the Tractor was 40 HP. As the performance of the tractor was not as per the published specification, the Complainant requested the Central Farm Machinery Training and Testing Institute, Bundi, M.P. for intimating the capacity of the engine. The said institute informed that power take off test horsepower ranged between 33.3 Ps to 33.9 Ps. Finding the capacity of the engine was lower than the capacity declared by the Opposite Parties, Consumer Complaint was filed before the District Forum with the following prayer: -
(3.) Complaint was contested by the Respondent No.3/Opposite Party No.3 that the engine power of the tractor matched with the brochure. The power of the tractor was based on various factors such as air filter, generator, exhaust system, capacity of engine revolution per minute among others, than depending on its use. The District Forum after hearing the parties ordered as follows: -