NCDRC

NCDRC

RP/1283/2011

JAI SAI TRACTORS & ANR. - Complainant(s)

Versus

MURARI NARSING BHOSALE & ORS. - Opp.Party(s)

MR. S.P. ADGAONKAR

22 Sep 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1283 OF 2011
 
(Against the Order dated 31/01/2011 in Appeal No. 2455/2005 of the State Commission Maharastra)
1. JAI SAI TRACTORS & ANR.
Nanded Naka, Udgir
Latur
Maharashtra
2. MANOHAR BHIMRAO PATWARI
Jai Sai Tractors, Nanded Naka, Udgir
Latur
Maharashtra
...........Petitioner(s)
Versus 
1. MURARI NARSING BHOSALE & ORS.
R/o. Halaki, Tq. Shirur Anantpal
Latur
Maharashtra
2. TAFFE TRACTOR & EQUIPMENTS LTD.
Through Chief Directo, 35, New Gyanbakam High Road
Chennai
Tamil Nadu
3. NATIONAL INSURANCE CO. LTD.
Through Branch Manager, Hanuman Chowk
Latur
Maharashtra
4. ICICI BANK LTD.
1st Floor, Pad Equipment, Tapdiya Circle, Nirala Bazar, Samartha Nagar
Aurangabad
Maharashtra
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :MR. S.P. ADGAONKAR
For the Respondent :NEMO

Dated : 22 Sep 2011
ORDER

          Complainant/respondent no.1 filed the complaint before the District Forum against the petitioner (dealer) and Taffe Tractors & Equipments Ltd. (manufacturer) for selling defective and old tractor.  District Forum recorded the finding that there was a manufacturing defect in the tractor as well as that the petitioner sold an old tractor to the respondent no.1.  After recording this finding, the District Forum contrary to the finding recorded absolved the petitioner of its liability and directed Taffe Tractors & Equipments Ltd. (manufacturer) to pay the entire full amount.

          Taffe Tractors & Equipments Ltd. (manufacturer) being aggrieved filed the appeal before the State Commission.  The State Commission has corrected the error committed by the District Forum and held that since the petitioner had sold an old tractor to the respondent no.1/compalinant the petitioner was jointly and severally liable along with the manufacturer to refund the cost of the tractor to the complainant/respondent no.1.

          We agree with the view taken by the State Commission.  The District Forum had committed a mistake in absolving the petitioner of its liability after recording a finding that the petitioner had sold an old tractor to the complainant/respondent no.1.  The State Commission has rightly held the petitioner to be jointly and severally liable to refund the amount along with the manufacturer.  Dismissed.

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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