BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 174 of 2014.
Date of Institution : 11.12.2014.
Date of Decision : 23.11.2016.
Ram Lal son of Shri Kuljas, resident of village Jhopra, Tehsil and District Sirsa.
……Complainant.
Versus.
- Preet Tractors Pvt. Ltd., Patiala Road, Nabha- 148 201 (Pb.), through its Director/ Manager.
2. Kamboj Tractors, Near Sai Mandir, Dabwali Road, Sirsa, through its proprietor.
...…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SHRI S.B.LOHIA…………………PRESIDENT
SHRI RANBIR SINGH PANGHAL………..……MEMBER.
Present: Sh. P.K. Berwal, Advocate for the complainant.
Sh. R.K. Garg, Advocate for opposite party No.1.
Opposite party no.2 given up.
ORDER
Case of the complainant, in brief, is that the complainant purchased a new tractor make Preet 6049 (60BHP) for a sum of Rs.5,86,000/- vide bill No.211 dated 7.7.2013 from opposite party no.2 who is authorized dealer of op no.1. The complainant from the date of purchase of the tractor noted that the fuel tank of the tractor is leaking near T and bushes and leakage in radiator. The complainant immediately informed the ops and the mechanic of ops also found/admitted this leakage in the fuel tank and radiator. Due to leakage of fuel tank, the complainant suffered a loss of 2 liters diesel per day. So, the fuel tank and radiator of the tractor require replacement due to manufacturing defect. The complainant requested the ops to replace the fuel tank and radiator of the tractor and to pay a sum of Rs.40,000/- for the loss suffered by him but they did not pay any heed. Ultimately, the complainant got served a legal notice upon ops on 30.6.2014, but to no effect. Hence, this complaint.
2. Upon notice, opposite party no.1 appeared and filed written statement wherein it is asserted that there was no manufacturing defect in the said tractor. The op no.1 had given the guarantee of any defect in the said tractor for one year i.e. from 7.7.2013 to 6.7.2014. It is wrong that fuel tank of the tractor is leaked near T point and bushes and it is also wrong that there is leakage in the radiator. The complainant never informed the op regarding any defect in the said tractor. The complainant for the first time on 30.6.2014 had given notice to the op and the notice was duly replied on 7.7.2014 and he was advised to contact their nearest dealer to get the fuel tank checked at the earliest and it was also advised that their dealer will carry out the necessary rectification as per their warranty terms and conditions but the complainant has not done so and has filed this false complaint. Now the warranty period of the tractor has expired and complaint is time barred. Remaining contents of the complaint have been denied.
3. Opposite party no.2 was given up by learned counsel for complainant on the ground that op no.2 has left the dealership.
4. In evidence, complainant has tendered his affidavit Ex.C1, copy of cash memo Ex.C2, copy of form 22 Ex.C3, copy of trade certificate Ex.C4, copy of letter of Registering Authority Motor Vehicle, Sirsa written to op no.2 regarding confirmation about the genuineness of invoice No.211 Ex.C5, legal notice Ex.C6, postal receipt Ex.C7 and evidence of complainant was closed. Ld. counsel for op no.1 closed the evidence on behalf of op no.1 without tendering any document.
5. We have heard learned counsel for the parties and have gone through the case file carefully.
6. The complainant is alleging leakage in the fuel pump and in the radiator of the tractor in question in the warranty period and also got served legal notice upon opposite party no.1 on 30.6.2014 i.e. within warranty period. The opposite party no.1 has not placed on file any affidavit or any mechanical report to prove that there is no leakage in the fuel tank and radiator of the tractor in question. So, the opposite party no.1 is liable to replace the fuel tank and radiator of the tractor in question free of costs.
7. Thus, we accept the present complaint and direct the opposite party no.1 to replace the fuel tank and radiator of the tractor in question with new one free of costs either through its authorized dealership at Sirsa or by its own at its own expenses within a period of one month from the date of receipt of copy of this order. A copy of this order be supplied to the parties free of costs. File be consigned to record room.
Announced in open Forum. President,
Dated:23.11.2016. Member. District Consumer Disputes
Redressal Forum, Sirsa
