MAHINDRA AND MAHINDRA LTD Vs. KAMAL SINGH

JUDGEMENT

(1.) THIS is an appeal under Section 5 of the Consumer Protection Act, 1986, directed against the order dated 14. 6. 2006 passed by the District Consumer Disputes Redressal Forum, Durg (hereinafter referred to as 'district Forum' for short) in Complaint Case No. 95/2003 whereby the complaint was allowed.

(2.) THERE is no dispute regarding the fact that the complainant had purchased a tractor manufactured by the O. P. No. 1 from its dealer O. P. No. 3 and after purchase of tractor, the same was repeatedly taken for repairs to the O. P. No. 3.

(3.) COMPLAINANT's grievance as narrated in the complaint are that he purchased the tractor manufactured by the O. P. No. 1 from its dealer O. P. No. 3 on 16. 7. 2001 but service book, guarantee card relating to the tractor were handed over to him on 25. 3. 2003 i. e. , nearly after 2 years. It was alleged in the complaint that the dealer had charged excess price, there were manufacturing defects in the tractor, it has problems relating to hydraulic, higher consumption of the diesel, breaking of toppling during ploughing of field, noise from the engine, starting problem and so on as detailed in the complaint. The complainant repeatedly approached the O. P. No. 3 for rectification of defects but the defects could not be fully rectified. Hence, it was alleged in the complaint that the O. Ps. were guilty of unfair trade practice as they had sold him a tractor that had manufacturing defects that could not be rectified and the said tractor was not replaced despite legal notice. The complainant has suffered huge loss in agriculture as he could not properly use the tractor. Hence, prayed for replacement of tractor together with damages as detailed in the complaint.