MR. PRABODHA KUMAR DASH, PRESIDENT:-
The Case is taken up today for order. This case is pending since dt. 15/07/2019. The same case posted nearly for 40 times as reveals form the order sheet of the record. The Op No.2 has noticed since dt. 23.07.19 alongwith Op No.1 on the same date. The notice made sufficient upon the Ops. None appears on behalf of Op No.1 &2. On subsequent occasion, where noticed on dt. 11.02.20 & 2nd time the notice were also made sufficient. It is high time to dispose the same without further delay as per the mandate ex-parte against the Ops. Hence, Ops are set ex-parte.
Brief Fact:-
The Complainant purchased a Kubota MU4501 Tractor (4WD) bearing chassis No. KBTM30TNVKTK50157 & Engine No. BHS4175 from Op No.2 on dt. 09.03.2018 on payment of Rs. 7,49,000/-, after a few days the same vehicle caused engine failure within warranty period. The Complainant intimated & approached Op No.1 for repair & replacement of engine & same acknowledged to manufacturing Company. The concerned vehicle shifted to Op No.1’s shop for necessary repair/replacement of defective engine. Instead of attending defect replacement or repair, the OpNo.1 demanded Rs. 5 lakhs for a new tractor in place of old one. Due to negligence & inaction of the OP No.1, the Complainant sustained heavy financial loss, so also unable to pay the installments.The vehicle in question not running till today & the Ops contineuously denied to repair or replace thereby causing irreparable loss & mental agony to the Complainant, as a result the entire family of the Complainant are in danger.
The Ld. Counsel for the Complainant established the fact in issue & submitted relevant papers as exhibited & claimed the purchased price Rs. 7,49,000/- alongwith interest from the date of filing of this C.C.Case i.e, 15.07.2019 with Rs. 30,000/- for mental agony & Rs. 10,000/- for litigation cost deem fit by this Commission, But at the same time the Ops being noticed twice and business place within the Town area of the District Head quarter intentionally and without respect to a quasi-judicial Institution not appeared to file the written statement within 3 years since pending.
ORDER
Taking into consideration of the facts & circumstances involved and nature of injustice caused to the Complainant, this Commission exercising its jurisdiction directed that, the Op No.2 shall provide a new vehicle to the Complainant within a period of one month & with Rs. 30,000/- for mental agony and Rs. 10,000/- towards litigation cost within one month, failing which the Op No.2 shall pay cost of the vehicle Rs. 7,49,000/- with @9% P.A. from dt. 15.07.2019 of institution of this C.C.Case till its realization.
Issue extract of the order to the parties for compliance.
Pronounced in the open Court, this the 20th day of July,2022.
I, agree.
Sd/- Sd/-
MEMBER PRESIDENT
