ACTION CONSTRUCTION EQUIPMENT LTD Vs. TAPESH DEV

JUDGEMENT

(1.) THE complainant/respondent no. 1 purchased one Backhoe Loader with Tool Kit from the petitioner Company for a total consideration of Rs. 15,50,000/ - and the aforesaid machine was delivered on 01.01.2011. Alleging several defects in the aforesaid machine, the complainant/respondent no. 1 approached the concerned District Forum, seeking a direction for replacement of the machine or in the alternative return of cost amounting to Rs. 15,50,000/ - with interest and compensation.

(2.) THE complaint was resisted by the petitioner Company. It was pointed out in the reply that on receipt of complaint from the complainant/respondent no. 1, the Engineer/Technician had visited the place of the complainant and had removed the defects pointed by him on several occasions.

(3.) VIDE its order dated 28.04.2012, the concerned District Forum directed opposite parties no. 1, 2, 3, 5 and 6 in the complaint, which includes the petitioner Company to pay a sum of Rs. 15,50,000/ - to the complainant alongwith interest at the rate of 15% per annum, compensation amounting to Rs. 10,000/ - and cost of litigation amounting to Rs. 2,000/ -.