MAHANTAYYA Vs. MAHALAKSHMI TRACTOR & ORS.

JUDGEMENT

(1.) Undisputedly, the petitioner (complainant) booked a new Eicher 485 NC under an exchange scheme offered by the manufacturer, (respondent Nos. 2 to 4) through their dealer, respondent No. 1. Under the said scheme the respondents purchased the old tractor from the petitioner for a sum of Rs. 1,30,000. For the balance amount the petitioner had applied for a loan, for purchase of tractor, from the State Bank of India, Sinhanur Branch, and the Bank sanctioned Rs. 1,69,500 for the said purpose. Accordingly a demand draft was issued by the Bank in favour of the Eicher Tractor, Unit of Eicher Tractor Ltd., payable at Hyderabad, on 4.5.2000, which was handed over to the respondent No. 3. The respondents were to deliver the tractor within 7 days from the date of booking. However, even though the entire amount was paid by the petitioner the respondents failed to deliver the tractor to the petitioner. Hence, the petitioner filed complaint No. 64 of 2000 before the District Forum, Raichur.

(2.) The District Forum directed the complainant to approach appropriate Forum/Civil Court for redressal of his grievance and dismissed the complaint by order dated 19.6.2001.

(3.) Against that order the complainant preferred Appeal No. 448 of 2001 before the Karnataka State Consumer Disputes Redressal Commission at Bangalore. That appeal was allowed and it was held that the respondent No. 1, the dealer alone, is liable to pay the entire amount of Rs. 2,99,500 deposited by the complainant towards the full purchase price of the tractor together with interest at the rate of 12% p.a. from the date of deposit till the date of payment.