LAL BABU MAHTO Vs. RAJEEV RANJAN

JUDGEMENT

(1.) This revision petition has been filed by the petitioner Lal Babu Mahto against the order dated 25.08.2015 of the State Consumer Disputes Redressal Commission, Jharkhand, (in short 'the State Commission') passed in First Appeal No.206 of 2009.

(2.) Brief facts of the case are that on 10.10.2003 the petitioner and the respondent entered into an agreement for the purchase of one Semi-Automatic Injection Moulding Machine with all accessories on payment of Rs.1,60,000/-(rupees one lakh sixty thousand only). However, the petitioner started facing the following problems with regard to the said machine and with regard to deficiency in service provided by the respondent:

(3.) In the month of February, 2005, the petitioner made several complaints to the respondent with regard to the said machine. However, the respondent stated that he shall neither deliver the raw materials nor refund the amount of the said machine. On 29.11.2005, the petitioner was constrained to file a consumer complaint being complaint case no.246 of 2005, before District Consumer Disputes Redressal forum, Ranchi, (in short 'the District Forum') raising all the issues in the said machine and claiming a total sum of Rs.3,10,000/- (rupees three lakh ten thousand only) towards the cost of said machine and compensation for the loss in his business due to deficiency in goods provided and of service on part of the respondent. On 12.12.2007, the District Forum, Ranchi passed an order dismissing the complaint filed by the petitioner. On 09.07.2009, the petitioner preferred first appeal before the Jharkhand State Commission. On 28.12.2011, the State Commission allowed the appeal of the petitioner and directed that the petitioner be refunded the amount of the said machine along with Rs.20,000/- (rupees twenty thousand only) as compensation towards mental agony, loss of earning with interest @8% from 01.01.2006 till realization. On 15.04.2013, the respondent filed a revision petition before this Commission, being revision petition No.1375 of 2013 along with an application for condonation of delay, seeking to set aside the order dated 28.12.2011 passed by the State Commission. On 29.06.2015, this Commission allowed the revision petition No.1375 of 2013 and the matter was remanded back to the State Commission to decide the matter on merit as well as on the aspect of delay. On 25.08.2015, the State Commission in first appeal no.206 of 2009 dismissed the appeal of the petitioner without hearing the petitioner.