SANJAY MACHINERY AND TRACTOR Vs. DEVENDRA

JUDGEMENT

(1.) M/s. Sanjay Machinery & Tractor, Khandva (Madhya Pradesh) has filed this appeal under section 27-A of the Consumer Protection Act, against the order of MP State Consumer Disputes Redressal Commission in Appeal No.927 of 2009. The impugned order was passed in an Execution Appeal filed by the present appellant.

(2.) The matter arose from a complaint pertaining to an allegedly defective vehicle purchased by the Complainant from OP-1/R.K. Motors, Gwalior. The complaint was allowed by the District Forum, West Nimar Mandleshwar, MP in its order of 25.4.2003. The operative part of the order read:-

(3.) This order remained unchallenged by the three OPs till an Execution Petition was filed before the District Forum. The petition was decided on 01.4.2009. The executing court considered the fact that OP-3/Manufacturing Company had since stopped manufacturing of the vehicle in question. Therefore, it directed payment of Rs.1.9 lakhs to the complainant/decree holder, in lieu of replacement of the vehicle. The above order of 01.4.2009 was challenged by OP-2/ M/s. Sanjay Machinery & Tractor , Khandva before the MP State Consumer Disputes Redressal Commission. The appeal was decided in the impugned order with the direction:-