LAWS(NCD)-2008-4-101

AJAY ENTERPRISES Vs. RAVINDRA BHAIDAS PATIL

Decided On April 28, 2008
AJAY ENTERPRISES Appellant
V/S
RAVINDRA BHAIDAS PATIL Respondents

JUDGEMENT

(1.) The present appeal is filed by original opponent against the judgment and order dated 9.4.2003 in complaint case No.39/2001 passed by District Consumer Forum, Jalgaon.

(2.) Respondent/complainant's case before the Forum is that, he had purchased the tractor manufactured by M/s. Mahindra and Mahindra Ltd. from appellant. It is contended that, appellant had agreed to do registration, insurance, etc. of said tractor for which respondent/complainant was said to have paid the amount of Rs.5,500 on 24.6.1999. It is contended that, in spite of payment appellant failed to do registration, insurance, etc. and thus, appellant could not use the tractor in question. Thus, he approached the Forum for compensation.

(3.) Present appellant appeared before the Forum and resisted the claim. It is contended that, appellant had not agreed to do registration, passing and insurance of the tractor which was bid to the respondent. It is contended that, registration, passing and insurance, etc. of the tractor are by law required to be done by the respondent. Appellant has no concern with the registration of the tractor. It is further contended that respondent had paid amount of Rs.3,24,150 towards the cost of the tractor. He was required to pay additional amount of Rs.33,390 towards other equipment such as cultivator, etc. It is contended that respondent had failed to pay aforesaid amount and to avoid the said payment he filed complaint.