MANAGER RAZA TRACTORS Vs. PLATAN RAM SAHU

JUDGEMENT

(1.) The present revision petition has been filed by the Manager, Raza Tractors (hereinafter referred to as the 'Petitioner') being aggrieved by the order of the State Consumer Disputes Redressal Commission, Chhattisgarh (hereinafter referred to as the 'State Commission') in Appeal No.02/2007 in favour of Platan Ram Sahu (hereinafter referred to as the 'Respondent').

(2.) The facts of the case according to the Respondent who was the original complainant before the District Forum are that he had purchased a Tractor from the Petitioner for a total amount of Rs.3,58,500/- which he paid by a demand draft drawn on Dena Bank against the price of Tractor and related items and accessories. However, the Petitioner did not supply three items as promised namely; Cage Wheel, Seed Drill (Double Tiners) and Leveller and gave an assurance that these would be provide within 10 days. Although the Respondent contacted the Petitioner on several occasions to provide the three items for which he had paid Rs.58,500/-, Petitioner kept avoiding him on one pretext or the other and did not supply the items. Since, the Respondent was paying interest on the loan amount in respect of the above three items without getting the benefit of being able to use them, he sent a complaint in writing to the Petitioner but despite the written complaint Petitioner did not supply the remaining three items. Respondent thereafter sent a legal notice which Petitioner refused to accept. Respondent, therefore, filed a complaint before the District Forum on grounds of deficiency in service and requested that the Petitioner be directed to supply him the remaining three items, Rs.25,000/- as compensation, interest on the amount of the three items costing Rs.58,500/-, Rs.500/- as cost of legal notice sent and Rs.5,000/- for mental and financial hardships suffered by the Respondent.

(3.) Petitioner denied the above contentions and stated that the Tractor along with all the agricultural tools [including the Cage Wheel, Seed Drill (Double Tiners) and Leveller mentioned as not being delivered by the Respondent] shown in the Bill dated 13.01.2006, were received by the Respondent and he had signed the bill in acknowledgment of the receipt of these items. Further, Respondent had also given a Satisfaction Certificate dated 13.01.2006 to the Manager, Dena Bank saying that he was fully satisfied with the Tractor, trolley, agricultural tools and all other accessories which were received in working and good condition against Bill No.50 dated 13.01.2006. Apart from this, it is also a fact and not denied by the Respondent that he had brought his Tractor for service to the free checking camp of the Petitioner and had not lodged any complaint about any problem after having used it for about two months. Petitioner also denied that it had refused to receive any notice and stated that in fact no such notice was sent by the Respondent.