AMIN EQUIPMENT PVT.LTD. Vs. BAVABHAI VELABHAI NASHIT

JUDGEMENT

(1.) PETITIONER is the Dealer of J.C.B. India Private Limited, respondent No. 2 herein.

(2.) RESPONDENT /complainant purchased a Hydraulic Oil Pump from the petitioner by paying Rs. 29,095. Within one month of purchase of the aforesaid pump, it was found that the same was defective. The pump was taken to the petitioners workshop for repair, but the petitioner refused to repair the same on the ground that the petitioner was not liable to repair the same free of cost. Complainant/respondent, thereafter, filed a complaint before the District Forum.

(3.) BEFORE the District Forum, JCB India Private Limited, the manufacturer was not arrayed as a party respondent. District Forum after going through the evidence led by the parties, came to the conclusion that the petitioner was liable to repair the Hydraulic Oil Pump and accordingly, directed the petitioner to either repair the Hydraulic Oil Pump within seven weeks of receipt of the pump or to pay back the consideration amount of Rs. 29,095 along with costs which were quantified at Rs.350.