LAWS(NCD)-2013-2-80

RAM ENGINEERING Vs. NAGORAO P. GANGARAM MIRKUTE

Decided On February 01, 2013
Ram Engineering Appellant
V/S
NATIONAL INSURANCE COMPANY LTD. Respondents

JUDGEMENT

(1.) IN this revision petition there is challenge to order dated 27.1.2012 passed by State Consumer Disputes Redressal Commission, Mumbai, Circuit Bench Aurangabad (for short, 'State Commission) passed in M.A. No.79 and 80/2011 in F.A. No.1034 of 2006.

(2.) BRIEF facts are that on 16.1.2001, respondent no.1/complainant purchased a tractor from respondent no.2/O.P. No.1. Later on, Petitioner/O.P.No.2 has taken the dealership of respondent no.2. In March, 2003, respondent no.1 approached the petitioner to remove some defects in his tractor which were removed. Again in September, 2003 respondent no.1 approached petitioner for repair of the tractor, but petitioner was not ready to repair the tractor even though warranty was in force at that time. Hence, petitioner filed consumer complaint before the District Consumer Disputes Redressal Commission, Nanded (for short 'District Forum ').

(3.) DISTRICT Forum, vide order dated 21.3.2006 allowed the complaint and directed the petitioner to pay compensation of Rs.50,000.00 with interest @ 9% p.a. w.e.f. 20.11.2003, within 30 days and to handover the tractor in repaired position without any charge.