The complainant’s case is that the complainant is a village innocent cultivator, purchased a Power Tiller holding Kishan Credit Card and having a small quantity of agricultural
land availed term loan on 25.3.2013 @ 12% for the Rs.1,61,500/- from the Proforma Op no.2. The complainant paid that money by Banker’s cheque to the oP no.1 on 26.3.2013 . After receiving full payment , Op no.1 issued deliver challan advising therein KAMCO Power Tiller light unit with tool kits and accessories by engine no.2112062932, chassis no.3212052470 i.e. the power tiller was sold and delivered to the complainant from the unit office Pursura. The photocopy has been added as Exhibit -1. After some time within some months the power tiller could not function due to some material defects from the date of purchase and that was a material defect. The complainant informed the matter to OP no.1 but the oP no.1 did not take effective step for changing the power tiller in the disguise word warranty and guaranty . Being deprived relief from the op no.1 , the complainant lodged complaint before Consumer Affairs and Fair Business Practices, Hooghly Region wherein his problem has not solved. After that the complainant has come forward before this Forum. The complainant has filed this case after seven months from the date of purchase of the power tiller.
Op no.1 has contested the case by filing Written version denying inter alia all material allegations in toto. The case of the Op is that on 28.3.2013 the oP no.1 got information from the complainant that there was defect of a parts of the said power tiller. Then Op no.1 sent a mechanic , who inspected the said Power tiller on 2.4.2013 and on 16.4.2013 the mechanic of KAMCO Power Tiller and opined to replace two defective parts of the Power tiller according to warranty but the complainant refused to allow the mechanics to replace the defective parts of
the Power tiller . It is further stated that the complainant with ulterior bad motive has filed this case for wrongful gain.
The complainant has filed some documents 1) delivery challan of West Bengal Agro Industries Corporation Ltd. showing the delivery of the power tiller to the complainant which will speak itself , dated of delivery is 26.3.2012 total price Rs. 1,61,500/- collectively marked with sanctioned order of United Bank of India, dated 25.3.2013 vide loan proposal dated 5.2.2013 with interest 12% and sanctioned amount Rs.1,61,500/- . One note sheet of Directorate of Consumer Affairs and Fair Business Practices, Hooghly Regional office dated 15.5.2013 . OP did not file any documents. Both sides filed Evidence in chief and Written Notes of Argument.
POINTS FOR DECISION :
- Whether the complainant is a consumer ?
- Whether there is any deficiency in service on the part of the oP ?
- Whether the complainant/petitioner is entitled to get relief as prayed for ?
DECISION WITH REASONS :
Point no.1
It is needless to mention in the genesis of the case wherein the complainant poor village Cultivator purchased the Power tiller from the op no.1 by taking loan from United Bank of India vide sanction order and delivery challan. So it is undisputed that the complainant is a consumer,
who purchased the power tiller for cultivation of his land for earns his livelihood. The Point no.1 is thus answered in favour of the complainant.
Point no.2 and 3
Both the points are taken up together for easiness of discussion.
The complainant stated that within one or two days the power tiller was not functioning . The complainant informed the matter to the oP no.1 . Op no.1 admitted in his Written version , para 3 that on 28.3.2013 they received an application from the complainant regarding the allegation and defect of Power Tiller and the Op no.1 sent a mechanic of their , who inspected the power tiller and found some defects and proposed to replace the parts. So at this stage, it becomes clear that the complainant purchased the power tiller on 26.3.2013 and which was not working and op no.1 got complaint on 28.3.2013 regarding defect of the Power tiller. So, there is no doubt regarding the allegation of defect arouse by the complainant.
The helpless complainant under compulsion approached the Consumer Affairs and Fair Business Practice, Hooghly Region. Xerox copy of note sheet dated 15.5.2013 in case no. 11 of 2012 shows that OP admitted and to take responsibility regarding the problem by changing the parts of the power tiller. But the complainant did not accept such proposal of the oP no.1. He wanted a new defectless power tiller, for which he approached before this Forum for adequate relief. Accordingly, the papers filed by the complainant and written allegation and answer of the Op no.1 show that on the very date when the OP no.1 delivered the power tiller to the complainant , the power tiller was defective. It is not the circumstances of the case that
complainant used the power tiller for some days and thereafter the power tiller became defectful. It is on the face of the record that on the next day i.e. on 27th March, 2013 when the complainant bought the power tiller the same was defective and Op no.1 has sold this defectful power tiller after adequate consideration money . The complainant has to bear interest on that money @ 12% per annum for three years with instalment rate Rs.13,458/- + interest.
So without any further discussion, the material on the face of the record prove the case of the complainant that Op no.1 has sold a defectful machine to the complainant. Ofcourse the complainant thought to purchase a serviceable power tiller to plow the land and other works for agricultural purposes but he did not get that privileges , rather he was compelled to run from pillar to post now and then with his power tiller with huge burden of loan, of which instalment of Rs.13,458/- p.m. plus interest. So, the material on record prove the case and convince the Forum that the complainant should get adequate relief as prayed. Hence it is-
Ordered
That the Complaint case no. 180 of 2013 be and the same is allowed on contest. The Op no.1 is directed to replace the instrumental material defective power tiller by giving a new workable power tiller within 30 days of this order. The Op no.1 is directed to pay compensation to the complainant for his financial loss , injury, mental agony, harassment to the tune of Rs.2.0 lakhs (Rupees two lakhs) . The op no.1 is also directed to pay Rs.10,000/- (ten thousand) to the complainant towards litigation cost. The OP no.1 is also directed to pay interest @ 12% on the
price of Rs. 1,61,500/- from 26.3.2013 till the date of full realisation of money and full compliance of this order. The Op is also directed to pay Rs.200/- per day from the date of this order till full realisation and compliance of the order. This amount should be deposited in the Consumer Legal Aid Fund.
The OP shall comply the above order within 45 days from the date of this order, id. complainant is at liberty to execute the order by filing Execution case.
Let a copy of this order be made over to the parties free of cost.
