RAVINDER KUMAR CHOUDHARY Vs. NAVEEN JAISWAL

JUDGEMENT

(1.) This revision petition arises out of order dated 10.3.2008 in First Appeal No. 590 of 2006 passed by the State Consumer Disputes Redressal Commission Bihar, Patna which had allowed the appeal filed by Mr. Naveen Jaiswal, Proprietor, M/s. Mithilanchal Vahan Tractor Pvt. Ltd., Madhubani (herein after referred to as dealer). Earlier the District Forum Madhubani vide its order dated 26.6.2006 had partly allowed the complaint.

(2.) The case of the complainant is that he is a Secretary of a group run in the name of Adarsh Sowem Sahayata Samooh, Marar which obtained loan from Allahabad Bank (hereafter referred to as Bank) and purchased a tractor, trailer and cultivator from the opposite party dealer by paying a sum of Rs. 2,86,503 through the Bank. Despite several requests the dealer never issued the sale letter. Accordingly, a lawyers notice was issued on 25.09.2003 followed by a written complaint. The District Forum after hearing the parties directed the dealer to issue a sale letter in the name of the complainant and also to pay Rs. 25,000 alongwith 12% interest p.a. for economic loss suffered by the complainant as the vehicle was not registered and could not run on the road. The dealer was also further directed to pay Rs. 5,000 to the complainant for his mental harassment alongwith Rs.1,000 as cost.

(3.) Aggrieved by the order of the District Forum the dealer filed an appeal before the State Commission. The State Commission after hearing the parties and analyzing the records produced before it came to the conclusion that the dealer has received a sum of Rs. 2,47,503 from the Bank towards the price of tractor, cultivator, hood and hitch. Alongwith the aforesaid bill the dealer has also filed delivery receipt dated