RAM SINGH Vs. ASSTT ENGINEER HARYANA AGRO INDUSTRIES

JUDGEMENT

(1.) THIS is an appeal against the Order dated 4th February, 1993 passed by the State Consumer Disputes Redressal Commission, Haryana at Chandigarh by which the complaint filed by the present appellant, Ram Singh, against the present respondent, Haryana Agro Industries Corporation (for short the Corporation) was dismissed.

(2.) AS we intend to confirm the Order of the State Commission we do not think it necessary to go into the details of the facts of the case. Suffice it to say that Ram Singh, the complainant-appellant filed a complaint alleging that he is a small farmer and had applied for the grant of loan for the purchase of a Ford-3600 tractor through the Primary Land Development Bank Ltd., (for short PLDB), Rewari on 30th August, 1988. It was further his case that the loan was sanctioned on 20th September, 1988 and he was directed to purchase the said tractor through the Corporation. On 13th October, 1988 the complainant approached the Corporation for the booking of the tractor at Narnaul. According to the complainant, the supply of the tractor has to be in accordance with seniority in booking and his name stood registered before the names of S/Shri Ram Sarup, Rawat Singh Phool and Mangu Singh. However, the Corporation's officials in connivance with the said persons delivered the Ford Tractor at the price of Rs. 1,34,000/- to them whilst denying the same to the appellant. It was further his case that vide letter 27th June, 1989 the Corporation informed him that the delivery of the tractor would be made within five or seven days. However, on 3rd July, 1989 he approached the office of the Corporation. He found no tractor was available with them and was asked to wait for 15 to 20 days. Therefore, the complainant launched a series of complaints to the authorities for the alleged wrong done to him but no useful purpose was served. It was further stated that the Corporation by a registered letter had forwarded a draft for the sum of Rs. 2,000/- as refund of his deposit but he had refused to accept the same. Being aggrieved against the Corporation, the complainant filed a complaint for the issuance of direction to the opposite party for supplying of Food-3600 tractor at the initial price of Rs. 1,34,000/- and also prayed for the award of Rs. 1,25,000/- as compensation.

(3.) THE State Commission recorded evidence in the case. Affidavits of the complainant and his son Sube Singh were filed and both of them were cross-examined. The complainant had also summoned Babu Lal, a Clerk of the Corporation and Shri Devinder Singh, Clerk in the Deputy Commissioner's office, Narnaul and their evidence was adduced on the record. In rebuttal, the Corporation produced the detailed affidavit of Shri Birbal Singh, Assistant Engineer, In-charge of the Farmers Service Centre, who supported the case of the Corporation. A photocopy of the register of booking was also produced indicating clearly that at S. No. 18 the complainant was registered as a non-PLDB one. Shri Birbal Singh was cross-examined on behalf of the complainant. The State Commission had further remarked that a reading thereof would indicate that the same substantially boomeranged on the case of the complainant.