RAJEEV RANJAN Vs. LAL BABU MAHTO

JUDGEMENT

(1.) THIS revision petition has been filed by the petitioner against the impugned order dated 28.12.2010 passed by the Chhatisgarh State Consumer Disputes Redressal Commission (for short 'the State Commission') in Appeal No. 206/2009, "Lal Babu Mahto versus Rajeev Ranjan" by which while allowing appeal, order of District Forum dismissing the complaint was set aside.

(2.) BRIEF facts of the case are that the complainant respondent purchased one plastic moulding semi -automatic machine from OP -petitioner on 10.10.2013, but machine could not function for want of supply of raw material. It was further alleged that machine was also defective and no care was taken by OP in spite of warranty period which extended upto 5 years. Alleging deficiency in service on the part of the opposite party, complainant filed complaint before District Forum. Opposite Party resisted complaint and submitted that neither the supply of raw material was stopped nor there was any defect in the machinery and prayed for dismissal of complaint. Learned District Forum after hearing both the parties, dismissed the complaint. Complainant filed appeal before State Commission and learned State Commission vide impugned order allowed appeal and directed Opposite party to pay Rs. 1,60,000/ - towards price of the machine and further to pay Rs. 20,000/ - for mental agony with 8% interest p.a. against which this revision petition has been filed alongwith application for condonation of delay.

(3.) HEARD learned counsel for the parties finally at admission stage and perused the record.