BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE (ADDL. BENCH)
DATED THIS THE 19th DAY OF NOVEMBER 2024
PRESENT
MR. RAVISHANKAR : JUDICIAL MEMBER
MRS. SUNITA CHANNABASAPPA BAGEWADI : MEMBER
APPEAL NO. 1476/2012
Sri. Chidanand S/o Rachappa Sutar, Aged about 47 years, Occ: Agriculturist/Advocate, R/o. Navalagi Village, Tal: Jamkhandi Dist: Bangalkot (By, Sri. Umesh V. Mamadapur, Advocate) | ……Appellant/s |
V/s
1 | The Proprietor, Deep Pradeep Industries Engineering Works, 543-2, Near Akashawani Kendra, Kolhapur Road, Sangli-416416 Maharastra State. (By,Sri. I.R. Biradar, Advocate) | ..…Respondent/s |
2 | The Asst. Director of Agriculture Depaartment of Agriculture Ramateerth Road, Tal: Jamkhandi Dist: Bagalkot | |
3 | Joint Director of Agriculture Department of Arigultutre Bagalkot. | |
O R D E R
BY SRI.RAVISHANKAR, JUDICIAL MEMBER
The Appellant/Complainant has preferred this appeal being aggrieved by the Order dt.09.05.2012 passed in CC.No.188/2010 on file of the District Consumer Disputes Redressal Commission, Bagalkot.
2. The complainant approached this Commission for modification of the order passed by the District Commission and submits that the District Commission had allowed the complaint and directed for repair of the Trash Cutting Machine and also directed the complainant to produce the same to OP-2 premises and in turn, OP-2 inform OP-1 for repair but, the same machine was not in the possession of complainant. Infact, the said Trash Cutting Machine is in possession of OP-1 himself but, the District Commission by oversight had directed this complainant to produce the same for repair hence, prays for modification of the order passed by the District Commission.
3. Perused the certified copy of the order memorandum of appeal, the respondents have not approached this Commission against the order passed by the District Commission and it was established by the complainant that the Thrash Cutting Machine was in possession of OP No.1. When, the Thrash Cutting Machine was in the possession of the OP-1 the question of production of the same by complainant does not arise. The District Commission made an error in not appreciating the affidavit sworn by complainant hence, the order passed by the District Commission is hereby modified. Accordingly;
O R D E R
The appeal is allowed and the Complaint No. 188/2010 is hereby modified.
The Opposite Parties are directed to repair the Thrash Cutting Machine of the complainant which was kept in possession of OP-1 and return it to the complainant and if they fail to comply the order within 15 days from the date of this order, the OP-1 and OP-2 are liable to pay the value of the Thrash Cutting Machine to the tune of Rs.1,62,000/-.
Send a copy of this order to both parties as well as concerned District Consumer Commission.
(Sunita .C. Bagewadi) (Ravishankar)
Member Judicial Member
ARD*
