NCDRC

NCDRC

RP/1583-1584/2015

GURVINDER SINGH & ANR. - Complainant(s)

Versus

CLASS INDIA PVT. LTD. & ANR. - Opp.Party(s)

MR. TARUN GUPTA

31 Jan 2018

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1523 OF 2015
 
(Against the Order dated 24/03/2015 in Appeal No. 1326/2014 of the State Commission Punjab)
1. SURESH KUMAR VERMA
S/O SHRI SUNDER LAL VERMA. R/O VILLAGE BANETA PLAT, TEHSIL BUDNI,
DISTRICT: SEHORE
M.P
...........Petitioner(s)
Versus 
1. CLASS INDIA PVT. LTD.
VILLAGE MARAULI KALAN, NH-95, MORINDA BY PASS, MORINDA, THROUGH MS.KANWALJIT KALSI,COMPANY, SECRETARY & MANAGER, (LEGAL)
ROPAR
PUNJAB
...........Respondent(s)
REVISION PETITION NO. 1525 OF 2015
 
(Against the Order dated 24/03/2015 in Appeal No. 1327/2014 of the State Commission Punjab)
WITH
IA/4132/2016(Placing addl. documents),IA/4133/2016(Condonation of delay),IA/4893/2015(Exemption for filing Translation Documents),IA/5144/2016(Placing Record)
1. HARE RAM
S/O SHRI PADAM SINGH, R/O VILLAGE & PO GEHKHEDA, TEHSIL,GOHARGANJ,
DISTRICT : RAISEN
M.P
...........Petitioner(s)
Versus 
1. PK MALIK, CLASS INDIA PVT. LTD.
VILLAGE MARAULI KALAN, NH-95, MORINDA BY PASS, MORINDA, THROUGH ITS MANAGING DIRECTOR MR.P.K MALIK
ROPAR
PUNJAB
...........Respondent(s)
REVISION PETITION NO. 1526 OF 2015
 
(Against the Order dated 24/03/2015 in Appeal No. 1328/2014 of the State Commission Punjab)
WITH
IA/4134/2016(Placing addl. documents),IA/4135/2016(Condonation of delay),IA/4894/2015(Exemption for filing Translation Documents),IA/5185/2016(Placing Record)
1. LAKHAN SINGH
S/O SHRI MANGAL SINGH,. R/O VILLAGE & PO BAKHTRA, TEHSIL BUDNI,
DISTRICT: SEHORE
M.P
...........Petitioner(s)
Versus 
1. CLASS INDIA PVT. LTD.
VILLAGE MARAULI KALAN, NH-95, MORINDA BY PASS, MORINDA, THROUGH MS.KANWALJIT KALSI,COMPANY, SECRETARY & MANAGER, (LEGAL)
ROPAR
PUNJAB
...........Respondent(s)
REVISION PETITION NO. 1527 OF 2015
 
(Against the Order dated 24/03/2015 in Appeal No. 1329/2014 of the State Commission Punjab)
WITH
IA/4130/2016(Placing addl. documents),IA/4131/2016(Condonation of delay),IA/4895/2015(Exemption for filing Translation Documents)
1. NEMI CHAND
S/O SHRI NARABADA PRASAD, R/O VILLAGE & PO LOKRA PIPALIYA, TEHSIL GOHARGANJ,
DISTRICT: RAISEN
M.P
...........Petitioner(s)
Versus 
1. CLASS INDIA PVT. LTD.
VILLAGE MARAULI KALAN, NH-95 MORINDA BYE- PASS, MORINDA, THROUGH MS.KANWALJIT KALSI,COMPANY, SECRETARY & MANAGER, (LEGAL)
ROPAR
PUNJAB
...........Respondent(s)
REVISION PETITION NO. 1583-1584 OF 2015
 
(Against the Order dated 24/03/2015 in Appeal No. 1324/2014 of the State Commission Haryana)
1. GURVINDER SINGH & ANR.
S/O SHRI KARNAIL SINGH, R/O VILLAGE KHERI BHAI KE, PO BADWALA,TEHSIL BASSI PATHANA,
DISTRICT : FATEHGARH SAHIB
PUNJAB
...........Petitioner(s)
Versus 
1. CLASS INDIA PVT. LTD. & ANR.
THROUGH ITS MANAGING DIRECTOR, MR.P.KMALIK, VILLAGE MARAULI KALAN, NH-95,MORINDA BYE-PASS, MORINDA
ROPAR
PUNJAB
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE D.K. JAIN,PRESIDENT
 HON'BLE MRS. M. SHREESHA,MEMBER

For the Petitioner :
Mr. Tarun Gupta and Mr. Ritesh Khare,
Advocates with Complainants in person
For the Respondent :
Mr. Manish Jain, Advocate with
Mr. Shekhar Trivedy, Head Finance

Dated : 31 Jan 2018
ORDER

We are happy to note that during the pendency of these Revision Petitions, with the active intervention of learned Counsel for both the parties and with equally magnanimous conduct of the Respondent Company towards the Petitioners, who are basically agriculturists, the dispute, subject matter of these Revision Petitions, has been amicably settled between the parties on the following terms:

(i)     On tendering of the Demand Drafts in the lump sum amount of ₹13,00,000/- in the name of each of the Complainants, the Respondent Company shall take back the machines, which were sold to the Complainants in the years 2011-2012, along with the available tools and spare parts, if any;

(ii)    On receipt of the said amount, the Complainants shall withdraw all the allegations of manufacturing defect in the said machines; and they will not be left with any claim against the Respondent Company in respect of the Complaints filed by them, leading to the filing of these Petitions;

(iii)   If any kind of Government levy is attracted on the return of the machines in question, the same shall be borne by the Complainants and the Respondent Company shall not be liable for payment of any such dues/demands;

 

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(iv)  The agreed amount shall be paid to the Complainants on or before 31.03.2018; and,

(v)  Till delivery of possession of the machines, the Complainants shall neither use nor tinker with the machines in question.

 

        It goes without saying that the afore-said settlement/arrangement has been arrived at between the parties on the peculiar facts and circumstances of the cases and shall not be treated as a precedent in any other case involving similar set of facts.

        All the Revision Petitions stand disposed of in the above agreed terms leaving the parties to bear their own costs.

 

 
......................J
D.K. JAIN
PRESIDENT
......................
M. SHREESHA
MEMBER

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