JCB INDIA LTD Vs. ANIL KUMAR

JUDGEMENT

(1.) Present revision petition has been filed under Section 21(b) of the Consumer Protection Act,1986 (for short, 'Act') by Petitioner/ Opposite Party No.1 challenging order dated 27.12.2011 passed by State Consumer Disputes Redressal Commission, Haryana, Panchkula (for short, 'State Commission').

(2.) Brief facts are that, Respondent No.1/Complainant had purchased a JCB machine from Respondent No.2/Opposite Party No.2 on 18.1.2003, which was manufactured by the petitioner. It is alleged that on 20.4.2003 engine of said machine suffered back pressure and the machine stopped functioning. Respondent No.2 was informed about the said defect on 21.4.2003. Upon asking of respondent no.2, respondent no.1 got the said machine repaired from Respondent No.3/Opposite Party No.3 the Authorized Dealer on 7.6.2003. Two pistons and new gas kit were changed for which respondent no.1was asked to pay Rs.4,807/-. However, the said machine suffered defects continuously. The machine was sent at Power Trading Company, Jawahar Nagar, Alwar (Rajasthan) on 26.6.2003, 10.7.2003 and 17.7.2003 but the same was not repaired. Thereafter, the machine was got repaired from Power Trading Company, Rewari on 09.07.2003 for which respondent no.1 was given a bill of Rs.23,361/- and Rs.3,100/-, including bill dated 11.6.2003, which were paid by respondent no.1 under protest. Since, machine did not work properly from 20.4.2003 to 14.07.2003, respondent no.1 filed a consumer complaint claiming a sum of Rs.6,80,000/- being the economic loss suffered for the aforesaid period. Besides this, he claimed compensation of Rs.50,000/- for mental and physical trauma of Rs.50,000/- and interest @ 12% p.a.

(3.) Before District Forum, after notice all respondents appeared and filed their separate reply, except respondent no. 2 whose defence was struck off.