LAWS(NCD)-2016-8-64

RABINDRANATH ROY & ANR. R/O. VILLAGE+POST BARABELUN POLICE STATION Vs. KISHAN TRACTOR & 3 ORS. THROUGH ITS MANAGER/PROPRIETOR, G.T. ROAD, HATPUKUR, MEMARI, DISTRICT

Decided On August 26, 2016
Rabindranath Roy AndAmp; Anr. R/O. Village+Post Barabelun Police Station Appellant
V/S
Kishan Tractor AndAmp; 3 Ors. Through Its Manager/Proprietor, G.T. Road, Hatpukur, Memari, District Respondents

JUDGEMENT

(1.) The complainant/petitioner purchased a tractor-cum-harvester from respondent No.1 Kishan Tractor for a total consideration of Rs. 12,90,600.00, which was finances by respondent No.4 Allahabad Bank. The delivery of the tractor-cum-harvester was taken by the complainant/petitioner on 17.11.2009. The case of the complainant is that there were defects in the tractor-cum-harvester sold to him and the said defects were not removed despite his having complained to the seller. The complainant, therefore, approached the concerned District Forum by way of a complaint.

(2.) The complaint was resisted by the seller M/s. Kishan Tractor. It was interalia stated in the reply filed by him that there was no defect in the tractor when it was delivered. On a complaint made by the petitioner, a minor defect was found which was removed by them. It was stated in the reply that thereafter no defect in the tractor was reported by the complainant.

(3.) The District Forum vide its order dated 30.10.2013 directed the respondent No.1 - Kishan Tractor and respondent No.3 - New Holland Tractors (a unit of Fiat India Pvt. Ltd.), to arrange to repair the tractor thoroughly and give a trial run. Since the complainant had paid only 75% of the sale consideration, he was directed to arrange balance payment of amount.