JORMAL Vs. RAJASTHAN TRACTOR MACHINERY

JUDGEMENT

(1.) This revision petition has been filed under sec. 21 of the Consumer Protection Act, 1986 (in short, the 'Act') assailing the order dtd. 21/1/2016 of the Rajasthan State Consumer Disputes Redressal Commission, Jaipur (in short, 'the State Commission') in appeal no. 157 of 2015 filed against the order dtd. 28/1/2015 in complaint case no. 1554 of 2013 of the District Consumer Disputes Redressal Forum, Alwar (in short, 'the District Forum').

(2.) In brief, the facts of the case, as stated by the petitioner, are that the petitioner who is an agriculturist by profession had purchased a tractor Model Farmtrac - 60 Valuemaxx with serial no., T2269169, Chassis no. T2269168, Engine no.E2259931 for a sum of Rs.5,88,000.00 from respondent no.1 on 27/2/2013. This tractor was undertaken to be registered by respondent no.1 with the Transport Authority. However, this could not be done on account of the fact that a tractor with the same engine number had already been registered by the concerned Transport Authority. The petitioner approached the respondent several times asking for the registration process to be completed which has not been done yet. Consequently, the tractor has been off the road ever since and the petitioner has not been able to use it. The petitioner approached the District Forum in Consumer case no. 1554 of 2013 seeking relief of replacement of the tractor. The District Forum vide its order dtd. 28/1/2015 allowed the complaint partly and ordered as under:

(3.) The order of the District Forum could not be complied with as the petitioner did not take the tractor to the respondent. Instead, the petitioner approached the State Commission in appeal. The State Commission dismissed the appeal as not maintainable, as below: