ESCORTS LTD Vs. NARYAN PRASAD

JUDGEMENT

(1.) Being aggrieved by order dated 15.12.2009, passed by State Consumer Disputes Redressal Commission, Bhopal (for short as 'State Commission)' petitioner has filed these revisions.

(2.) Notice of these revisions was issued to both the respondents but respondent No. 2 did not appear in spite of service and as such was proceeded ex parte.

(3.) Brief facts of this case are that respondent No. 1/complainant filed a complaint before District Consumer Disputes Redrssal Forum, Vidhisha, M.P. (for short as 'District Forum') on the ground that he had purchased a tractor manufactured by petitioner from respondent No. 2 (OP-1 in the District Forum) under the exchange scheme launched by the petitioner. Accordingly, respondent No. 1 gave his old tractor for Rs. 60,000 and paid Rs. 40,000 towards margin money. It is alleged that the tractor did not start the very next day of delivery and on complaint to respondent No. 2, new battery was alleged to be replaced by the old battery on which the year of manufacturer was not mentioned. It is further alleged that the tractor was emitting lot of fume and was not taking load and consuming lot of diesel. Despite first service, the tractor was consuming lot of diesel. Respondent No. 1 made a complaint and respondent No. 2 replaced the diesel pump, after which the consumption of diesel was reduced. On further complaint, respondent No. 2 replaced the ring piston of the tractor. Further, it is alleged that the tractor was having old tyres in it and the tractor was also repainted in patches from where the original colour of the tractor was coming out. Accordingly, respondent No. 1 filed a complaint against the respondents' deficiency, praying that new tractor be given in place of old tractor and further he be awarded compensation on account of mental harassment suffered by him.