PUNJAB TRACTORS LTD Vs. P SANGHASENA

JUDGEMENT

(1.) Revision Petition Nos. 181/2007 and 182/2007 have been filed by the Punjab Tractors Ltd. (hereinafter referred to as the 'Petitioner') against the order of the State Consumer Disputes Redressal Commission, Karnataka (hereinafter referred to as the 'State Commission') in Appeal Nos. 839/2006 and 840/2006 in favour of P. Sanghasena and Madamma, respectively (hereinafter referred to as the 'Respondents'), who were the original complainants before the District Forum in two different complaints.

(2.) Since, the complaints are more or less similar in both cases, the revision petitions will be discussed and disposed of by a common order.

(3.) The facts of the case are that Respondents had paid Rs. 6,38,000 and Rs. 6,07,256, respectively, through demand drafts to Sapthagiri Tractors (Respondent Nos. 2 and 3), authorized Tractor dealers for purchasing Tractors manufactured by the Petitioner. A Tractor was delivered to Respondent, P. Sanghasena who on verifying the documents noted that the Chassis number engraved in the Tractor and the number mentioned in the documents were different and further the Tractor appeared to have been repainted with worn-out tyres and used spare parts. In respect of the Tractor purchased by Respondent, Madamma, documents pertaining to sale certificate, registration certificate, insurance, etc. were not delivered to the Respondent though she was kept assured by the Respondents/dealers that the same would be delivered shortly. As a result of this, the Tractors could not be put to use causing losses to the above Respondents who were agriculturists. Respondents, therefore, filed complaints before the District Forum on grounds of deficiency in service against the Petitioner/manufacturer company and the Respondents/dealers. Respondent, P. Sanghasena, sought return of his demand draft of Rs. 6,38,000 along with compensation of Rs. 1,500 per day as well as Rs. 20,000 on account of other expenses which included payment of interest on the loan borrowed from the Bank. Respondent, Madamma while seeking return of her demand draft of Rs. 6,07,256 sought compensation of Rs. 1,000 per day from the date of delivery with interest @ 18% and any other reliefs as the District Forum may deem fit.