ARVIND MISHRA Vs. DHARAMSAI

JUDGEMENT

(1.) This appeal, under Sec.15 of the Consumer Protection Act, 1986 , directed against the order dated 23.11.2006, in Complaint No.99/2006 of District Consumer Disputes Redressal Forum, Surguja-Ambikapur (hereinafter called "district Forum" for short), directing the appellant to pay to the complainant/respondent No.1 Rs 25,000 with interest @ 9% p. a. payable from 2.12.2004, besides cost of the complaint Rs.1,000.

(2.) Indisputably, the appellant is a dealer of Indo Farm tractor, manufactured by respondent No.2. It is also not in dispute that the appellant supplied an Indo Farm tractor and for which complainant/respondent No.1 paid the appellant, a sum of Rs.25,000 to the appellant dealer.

(3.) The averments in the complaint were that the appellant dealer had undertaken to get price of the tractor, financed from the Bank and had obtained documents from the complainant in that regard. An amount of Rs.25,000 was paid by the complainant/respondent No.1 to the financier as advance. However, the appellant/dealer failed to get financed the amount from the Bank as promised. It was further averred that the appellant had taken away the tractor forcibly from the complainant on 6.7.2005. The complainant prayed that the amount of Rs.25,000 be directed to be refunded to him, with interest and cost, etc.