MAHINDRA AND MAHINDRA LTD Vs. RAM LAKHAN

JUDGEMENT

(1.) The present Revision Petition has been filed before this Commission under Section 21(b) of the Consumer Protection Act, 1986 against the impugned order dated 01.11.2013 in Appeal No. 1056 of 2012 passed by the State Consumer Disputes Redressal Commission (in short, 'State Commission'). The State Commission dismissed the Appeal and allowed the order passed by the District Consumer Disputes Redressal Forum, (in short, 'District Forum') in Complaint No. 173/2011.

(2.) Brief Facts of the case are that on 01.06.2011, the Complainant/Respondent Sri Rama Lakhan purchased a Tractor Swaraj 735 F. E., for a total cost of Rs.4,70,000/- from Mahindra & Mahindra Ltd., the OP-1. It was purchased by making an advance payment of Rs.70,000/- in cash and Rs.4,00,000/- through Cheque/Demand Draft drawn on Punjab & Sindh Bank, Branch Jhandi, District Khiri, the OP-3. The OP 1 & 2 assured the Complainant of one year warranty, for change and repairing of the tractor, in the event of any problem. On very same day, when the Complainant took the tractor to his residence, he noticed Mobil leakage from the silencer. Therefore, on next day (2.6.2011) Complainant returned the tractor to OP-1 and the OP-1 after having a talk with OP-2, promised to provide a new tractor, on the next date. The Complainant also informed to OP-3 bank, regarding the said problem in tractor and OP-3 also wrote a letter to OP-1, for change of tractor. After several oral and written communications, the OP-1 called the Complainant to take the delivery of the tractor, by paying Rs.20,000/- towards repair charges for the tractor. As, the tractor was under warranty period, complainant refused to pay the charges, hence OP did not deliver the tractor. The complainant filed a complaint before District Forum, Lakhimpur, Khiri, alleging negligent attitude of OP-1, due to which he suffered loss in crop, further burden of bank interest on the loan, and mental agony.

(3.) The District Forum directed the OP to return the cost of tractor, granted interest @ of 18% per annum, compensation of Rs.1,00,000/- and costs of Rs.5,000/-.