PASHUPATI SINGH Vs. MALHOTRA ENGINEERING WORKS

JUDGEMENT

(1.) THIS revision petition has arisen out of the order dated 15.5.95 passed by the Bihar State Commission at Patna reversing the decision of the District Forum, Patna dated 30th December, 1992 and dismissing the complaint of the petitioner herein with costs.

(2.) THE complainant filed a complaint before the District Forum, Patna alleging defective goods supplied by M/s. Malhotra Engineering Works, opposite party. The complainant alleged that he received a quotation No. 1096 dated 14.5.91 in respect of, (i) tractor trailer 4 ton capacity 2 wheeler size 10' x6'x 1 ½' with heavy duty axle and old tyre 900-20 for the price Rs. 20,725.20, (ii) 9 tyre rigid cultivator for the price of Rs. 3,676.40 and (iii) paddy cage wheel one set for the price of Rs. 2,626/- in all quoted price of all these equipments Rs. 27,027.60. The complainant approached the State Bank of India for the grant of loan and the loan for Rs. 27,027.60 was sanctioned and sent to the opposite party by Bank Draft No. 042345 dated 9.12.91 being final payment of the said three implements as mentioned in the quotation No. 1096 dated 14.5.91. The opposite party issued receipt dated 10.12.91 for Rs. 27,027.60 on account of supply of tractor trailer and other implements. The complainant further alleged that the opposite party issued Challan No. 8219 dated 14.12.91 for tractor trailer 4 ton capacity 2 wheeler size 10' x 6' x 1 ½ ' old tyre size 900-20 for the total price of Rs. 22,906.80 and challan No. 8220 dated 14.12.91 for 9 tyre rigid cultivator for the price of Rs. 3,676.40. In the gate pass issued by the opposite party the description of package is given "4 ton capacity 2 wheeler 10' x 6' x 2' old tyre size 900 20". The complainant alleged that these goods supplied by the opposite party are defective and not in accordance with the quotation, the order, and the challans issued by the opposite party. Alleging the deficiency in service the complainant approached the District Forum alleging defects in the goods, defective ball bearing besides the supply of trailer of the height of 2' instead of 1W. On being noticed the opposite party denied the allegations as to any defect in the goods or the supply of trailer with a height of 2' instead of 1 ½ '. But in subsequent written version it is admitted that the trailer of 2' height was supplied on demand and the difference in rate between 1 ½ ' trailer and 2' trailer was not charged from the complainant as a goodwill gesture. The opposite party also raised objection that the complainant is not a consumer who bought the trailer but by someone else which is not permissible. The District Forum after evaluating the material on the record repelled the contention that the complainant is not a consumer. The District Forum accepted the complaint of the complainant that he is the father of the Rajni Kant Sharma who has purchased the tractor for the Hindu undivided family and thus the complainant has locus standi to maintain the complaint. The District Forum also came to the conclusion that by supplying the Dala of 2' instead of VA by the opposite party to the complainant, the opposite party has committed irregularities. The District Forum also came to the finding that the opposite party has not supplied the paddy cage wheel resulting into heavy loss of harvest due to non-plantation of seeds. The District Forum directed the opposite party to replace the trailer and to deliver to the complainant new trailer as per the quotation given both to the complainant and his Bankers. The District Forum also granted compensation in the sum of Rs. 5,000/- to the complainant.

(3.) THE impugned order of the State Commission dated 15th May, 1995 is hereby set aside and the appeal is restored to the file of the State Commission for a fresh decision in accordance with law after giving an opportunity to the parties to substantiate their respective versions if the documents noticed by this Commission are not on the record of the State Commission. We make no order as to costs.