ARJUN SINGH Vs. PARAS TRADERS

JUDGEMENT

(1.) Being aggrieved by order dated 22.10.2008, passed by State Consumer Disputes Redressal Commission, Circuit Bench, Jaipur (for short, 'State Commission') Petitioner/Complainant has filed this revision petition.

(2.) Petitioner filed a complaint before District Consumer Disputes Redressal Forum, Swaimadhopur (for short, 'District Forum') on the allegations that in the year 1997 he had purchased one Mahindra Tractor from its authorized dealer for agricultural purposes and for earning livelihood. In the month of November, 1997 to get the engine oil changed, petitioner purchased one can of 5 Ltrs. and one can of one Ltr. CRB Tiscus Engine Oil and one oil filter, the product of Respondent No. 2/O.P. No. 2 from Respondent No.1/O.P. No.1 on 29.11.1997, being authorized dealer of respondent no. 2, for which a bill was issued by respondent no.1. However, in the bill respondent no. 1 has mentioned only 5 Ltrs. engine oil but did not mention regarding oil filter and can of 1 Ltr.

(3.) On the very next date, petitioner poured the said engine oil in the engine of his tractor but just after about one hour, engine of the tractor got heated and it got seized. Petitioner called the mechanic who after checking told him that due to use of duplicate engine oil, engine has seized and it has been caused due to inferior quality of oil.Petitioner immediately contacted respondent no. 1 but no action was taken by him. It is alleged that respondent no 1 is not authorized dealer of respondent no.2.Due to supply of inferior quality of the engine oil, petitioner had to incur a sum of Rs.50,000/- on its tractor and till date, the tractor has been parked at the shop of respondent no. 1 and petitioner has not been able to use the same. Accordingly, petitioner has prayed that respondents be directed to pay Rs.1 lac as compensation.