Madhya Pradesh

StateCommission

A/09/201

PRADEEP KU. PATEL - Complainant(s)

Versus

BHAGWATI TRACTOR AND OTHER'S - Opp.Party(s)

R.K. SENGAR

08 Dec 2021

ORDER

M. P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BHOPAL

PLOT NO.76, ARERA HILLS, BHOPAL

 

                                  FIRST APPEAL NO. 201 OF 2009

(Arising out of order dated 31.12.2008 passed in C.C.No.352/2007 by District Forum, Rewa)

 

PRADEEP KUMAR PATEL.                                                                               …          APPELLANT

 

Versus

                 

MANAGER, BHAGWATI TRACTOR & ORS.                                                      …         RESPONDENTS.                                      

 

BEFORE:

 

                  HON’BLE DR. (MRS) MONIKA MALIK                           :      PRESIDING MEMBER 

                  HON’BLE SHRI S. S. BANSAL                                       :      MEMBER

                                    

 

                                      O R D E R

08.12.2021

 

          Shri R. K. Sengar, learned counsel for the appellant.

             None for the respondent no.1 & 3.

             Ms. Preetima Shrivastava, learned counsel for the respondent no.2.

            Shri Ashish Bargale, learned counsel for the respondent no.4.

                       

As per Dr. Monika Malik :                       

            This appeal is directed against the order dated 31.12.2008 passed by the District Consumer Disputes Redressal Commission, Rewa (for short ‘District Commission’) in C.C.No.352/2007 whereby the complaint filed by the complainant alleging deficiency in service on part of opposite parties for selling him an old tractor which was suffering manufacturing defects, was dismissed.   

2.                     Learned counsel for the appellant/complainant drew our attention to documents filed along with IA-1, application under Order 41 Rule 27 of CPC. Learned counsel for appellant has filed an application for registration of a motor in a prescribed form to the Registration Authority, Rewa and a sale letter issued by Bhagwati Tractors, the respondent no.1/opposite party no.1. He submits that the engine and chassis nos. of the tractor shown in the documents accompanied with IA-1 are different from the engine and chassis nos. which are there in the documents, in the record of the District

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Commission. He argued that the tractor purchased by him was manufactured in the year 2006 whereas the District Commission has derived at the finding that the tractor was manufactured in the year 2007 on the basis of invoice and other documents which bears wrong description of the tractor, which does not belong to the complainant/appellant.  

3.                     After hearing arguments advanced by learned counsel for the appellant and on considering IA-1, with accompanied documents, we are of a considered view that this application deserves to be allowed and the documents filed along with IA-1 are to be taken on record. Also in the light of the aforesaid reasons, the matter deserves to be remanded to the District Commission.

4.                     In the light of the aforesaid, the matter is remanded to the District Commission for decision afresh, after considering the documents filed along with application under Order 41 Rule 27 of CPC. Record of the District Commission be sent at the earliest. The documents filed along with application under Order 41 Rule 27 of CPC be also sent along with record to the District Commission in original. Photocopies be kept in record of this appeal.

5.                     Needless to mention that the observations made hereinabove shall not come in way of the District Commission while deciding the matter.  

6.                     Parties are directed to appear before the Forum on 10.01.2022.

7.                     The District Commission is directed to proceed with the matter in accordance with law, after informing the other parties.

8.                     With the aforesaid observations and directions, the impugned order is set-aside and this appeal stands disposed of. However, no order as to costs of this appeal.

 

                          (Dr. Monika Malik)                     (S. S. Bansal)        

                           Presiding Member                         Member