ANAND TRAILORS Vs. PRAHLAD ANANDA MARODKAR

JUDGEMENT

(1.) THIS revision petition has been filed by the petitioner against the order of State Commission dismissing the appeal against the order of the District Forum and allowing the complaint filed by the respondent-complainant.

(2.) BRIEF facts of the case are that the complainant, based on quotation given by the petitioner, purchased a trailor for Rs. 79,500/- for his tractor against given specifications. Alleging deficiency on the part of the petitioner, complainant filed a complaint stating that the pipe fencing on the trailor was not given on the trailor supplied and that the trailor measured only 9'.9" x 5'.9" x 2' against the promise to supply trailor measuring 10' x 6' x 2'. For these deficiencies the complainant sought relief of Rs. 2.85 lakh. District Forum after hearing both the parties directed the petitioner to replace the trailor and pay Rs. 1,000/- towards compensation and Rs. 500/- as cost. Appeal filed by the petitioner was dismissed in a summary manner and without a speaking order. Hence, the revision petition.

(3.) IT was argued by the learned Counsel for the petitioner that the trailor supplied was as per quotation which is supported by a certificate of a Testing Institute. Both the lower Forums erred in not appreciating the material brought before them. It was also argued by the Counsel that perusal of the quotation shows that tyres to be supplied were of the specification 8.25 x 20 whereas at the time of delivery, the complainant demanded tyre size of 9.0 x 20 which costed Rs. 3,000/- more which he agreed to adjust against the pipe fencing on the trailor worth Rs. 3,000/-. It is on this account that the pipe fencing was not supplied with the trailor.