Haryana

StateCommission

A/1106/2015

SURAT SINGH - Complainant(s)

Versus

SHSREE HARDEVA TRACTOR - Opp.Party(s)

ROHIT GOSWAMI

21 Mar 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                    

 

                                                First Appeal No.           1106 of 2015

                                                Date of Institution:       23.12.2015

                                                Date of Decision:         21.03.2016

 

 

Surat Singh son of Shish Ram, resident of VPO Sultanpur, Tehsil Farrukh Nagar, District Gurgaon.

                             Appellant-Complainant

Versus

 

1.      Shree Hardeva Tractor (Authorized Agency of Sonalika Tractor Limited) Kulana Pataudi Haily Mandi, Tehsil Pataudi, District Gurgaon through its proprietor.

 

2.      Sonalika International Tractor Limited, Village Chak Gujran, P.O. Pipalanwala, Jalandhar (Punjab) through its Owner/Managing Director.

                                      Respondents-Opposite Parties

 

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Mr. B.M. Bedi, Judicial Member.

                             Mr. Diwan Singh Chauhan, Member.                       

 

Present:              Mr. Rohit Goswami, Advocate for the appellant

                            

 

                                                   O R D E R

 

NAWAB SINGH J, (ORAL)

 

This complainant’s appeal is directed against the order dated October 16^th, 2015 passed by District Consumer Disputes Redressal Forum, Gurgaon (for short ‘District Forum’) whereby complaint filed by him was disposed of.  Operative part of the order is reproduced as under:-

“8.     However, from the facts and circumstances of the case and to meet out the ends of justice, we are inclined to hold that there is problem in fuel injector and as such we direct the opposite parties No.1 and 2 to replace the fuel injector free of cost as to make the tractor in working condition to the extent of projected Horse Power within 30 days.  The complainant is entitled to compensation for harassment and mental agony Rs.5000/-.  He is also entitled to litigation expenses of Rs.3100/-.  The opposite parties No.1 & 2 shall make the compliance of the order of this Forum within thirty days from the date of receipt of the copy of this order…..”

 

2.      Dissatisfied with the order of the District Forum, the complainant has come up in appeal for enhancement of compensation.

3.      Indisputably, complainant purchased the tractor on June 04^th, 2013 for Rs.4,70,000/-.  The tractor having some defects was taken to the respondent No.1.  The only defect was in fuel injector, which the District Forum has already directed the respondents to replace free of cost, besides compensation of Rs.5000/- and litigation expenses Rs.3100/-.  As such, no case for interference in the impugned order is made out.  

4.      The appeal is dismissed.

 

  

Announced 21.03.2016

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

 

UK