SURINDER KUMAR Vs. ESCORTS LTD

JUDGEMENT

(1.) Whether 'commercial purpose' is a thing apart and distinct from 'agricultural purpose', is the threshold core question in this complaint.

(2.) For the limited purpose of disposing of the preliminary jurisdictional objection, it is unnecessary to delve into the facts and merits deeply. It suffices to mention that the primal grievance of the complainant is with regard to the defective supply of an Escort-335 tractor on the 8th of July, 1991. It is the case that the said tractor from its very inception and subsequently suffered from manufacturing and mechanical defects which rendered it a non- standard and non-working machinery. In the reply filed by the opposite party No.2, the threshold preliminary objection is in the following terms:-

(3.) In the replication filed by the complainant, the preliminary objection has been controverted in the following terms: - "the complainant has never used the tractor for commercial purpose. The tractor has been used and is being used for agricultural operation. The family of the complainant has a holding of 12 acres in village Sheonkra (Tarawari) in District Karnal and the tractor is being used for agricultural operation for self- employment. "