YAMUNA SYNDICATE LIMITED Vs. SWARN KAUR

JUDGEMENT

(1.) THE present revision petition has been filed by the Yamuna Syndicate Ltd. (original opposite party) against the order of the State Commission dated 11.2.2003 in Appeal No. 156/2003 whereby the , order of the District Forum in Complaint No. 131 of 2002 was confirmed. Brief facts of the case are: The revision petitioner, the Yamuna Syndicate Ltd. is the successful opposite party in the complaint filed by the respondent/ complainant, Smt. Swarn Kaur and respondent No. 2, Bank of Patiala, Ropar. Smt. Kaur purchased a tractor from the petitioner after taking loan/sale of old tractor totalling Rs. 3,25,625. Instead of supplying anew tractor, it is alleged

(2.) IN the complaint that the revision petitioner supplied old one without providing requisite documents. Her allegation is that the revision petitioner sold the tractor in question through its branch at Morinda to the complainant vide invoice dated31.10.2001 which is a used second hand tractor instead of a new one. It is further alleged that according to the District Forum's visual inspection of the tractor in question, it is seen that indicators on the front and also indicators with back lights of the tractor had holes by the side of corners of the four indicators and beneath the mudguards' apparently plugged at some stage later on. District Forum agreed with this argument of the complainant and held that the tractor in question was an old one and that it is an unfair trade practice to sell an old tractor as new one under Section 2(l)(R)(l)(iii) of the Consumer Protection Act. As for non-delivery of documents, it is held that there is deficiency in service on the part of O.P. No. 1.

(3.) REVISION petitioner's appeal in the State Commission was dismissed and the order of the District Forum is confirmed.