By Sri. K. Gheevarghese, President:<br /> <br /> <br /> The gist of the complaint is as follows.<br /> <br /> <br /> The Opposite Parties are declared exparte.<br /> <br /> <br /> The Complainant is an agriculturist and purchased a Power Tiller of the make Macson for his own use. The total price paid for the Power Tiller is Rs.1,10,550/-. Since the 1st Opposite Party had not delivered Disc Plough the 1st Opposite Party refunded Rs.13,600/- to the Complainant. The total price given to the Opposite Party is Rs.96,950/- it was detailed to <br /> the Complainant at the time of purchase that the Power Tiller is having extra fittings as such light unit, leveler, Flot, Furrow Self starting system etc. When the vehicle was delivered to the<br /> - 2 -<br /> Complainant it was not provided with any light unit. The request of the Complainant was not treated positively in one or other ground. More over at the time of delivering the vehicle the Opposite Parties had also assured that they would provide site service and warranty for two years. The site service was carried out only once. The self starting system was not properly working after one month of the delivery. The vehicle is having manufacturing defects of breakage of tile wheel shaft during its operation, oil leakage in gear box, leakage in diesel pipe excessive oil consumption and so on. The Complainant spent money to rectify the defects but the defects were still as such. Towards the repair charges the Complainant spent more than Rs.3,000/- and the vehicle is not in a position for running due to the manufacturing defects. The Complainant is to be refunded, the purchase price given to the Opposite Parties. Towards the loss of the Complainant Rs.5,000/- is to be paid. The Complainant is prayed for an order directing the Opposite Party to refund the money and for the compensation Rs.10,000/- to be paid along with cost.<br /> <br /> The Complainant filed proof affidavit Ext.A1 to A5 are marked. Ext.A1 is the quotation given to the Complainant by the 2nd Opposite Party of Rs.1,10,550/- Ext.A2 is the receipt of the DD drawn by the Complainant of Rs.1,10,550/- in favour of the 2nd Opposite Party. Ext.A3 is the debit voucher. The allegation in the complaint is that the vehicle is having manufacturing defect which is apart from rectification.<br /> <br /> In the result, the complaint is partly allowed. The Opposite Parties are directed to refund the cost of the vehicle Rs. 1,10,550/- (Rupees One Lakh Ten thousand Five hundred <br /> and Fifty only) to the Complainant. The Opposite Parties are also entitled to take back the vehicle from the Complainant on refunding the price. The Opposite Parties are also directed to give the Complainant Rs.3,000/- (Rupees Three thousand only) towards the compensation along <br /> (Contd......3)<br /> - 3 -<br /> with cost of Rs.1,000/-(Rupees One thousand only). The order is to be complied within one month from the date of this order. <br /> <br /> Pronounced in open Forum on this the 29th day of April 2008.<br />