UMAPROSANNA PUNDIT Vs. PUNJAB TRACTORS LIMITED

JUDGEMENT

(1.) This appeal is directed against order dated 8.4.1997 passed by District Forum, Birbhum dismissing the case of the complainant on the ground that the case was barred by limitation.

(2.) The backdrop of the case is that the complainant purchased a Diesel Tractor from opposite party 1 from its local dealer viz. opposite party 2 by taking loan from opposite party 4 for a sum of Rs.1,10,000/-. Subsequently, the said Tractor was insured with opposite party-3. The said Tractor was delivered to the complainant by opposite party-2 on 11.7.1990 but the said Tractor developed trouble within 15-hours of purchase and this fact was brought to the notice of the opposite party-2. Opposite party-2 made necessary arrangement for repairing the Tractor through a local mechanic. The complainant claimed reimbursement of cost of repairing of the Tractor from opposite party-4, the Financier but the latter sent a notice dated 28.8.1994 to the complainant demanding a sum of Rs.1,44,780/-. Consequently, the complainant approached the Forum for reliefs including payment of compensation.

(3.) The opposite parties entered appearance and filed their respective objections contending inter alia that the claim of the complainant was hopelessly barred by limitation.