NCDRC

NCDRC

RP/4736/2013

HMT LTD. TRACTOR DIVISION & ANR. - Complainant(s)

Versus

DEEPAK NEELKANTRAO GULKARI & ANR. - Opp.Party(s)

MR. NIKHIL JAIN

16 Jul 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 4736 OF 2013
 
(Against the Order dated 11/12/2012 in Appeal No. 2527/1999 of the State Commission Maharastra)
1. HMT LTD. TRACTOR DIVISION & ANR.
TRACTOR DIVISION,
PINJORE - 134101
PUNJAB
2. HMT LTD. TRACTOR BUSINESS GROUP,TRACTOR MARKETING DIVISION SERVICING DEPARTMENT,
34, MADHYA MARG, SECTOR-7-C
CHANDIGARH - 160019,
PUNJAB
...........Petitioner(s)
Versus 
1. DEEPAK NEELKANTRAO GULKARI & ANR.
R/O DHAMANGAON RLY TQ, DHAMAN, GAON RLY,
DISTRICT : AMRAVATI
MAHARASHTRA
2. M/S POPULAR AGRO EQUIPMENT,
A-1 AMIN COMPLEX, WALGAON ROAD, AMRAVATI, T& D,
AMRAVATI
MAHARASHTRA
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER
 HON'BLE MR. DR. S.M. KANTIKAR, MEMBER

For the Petitioner :
Mr. Nikhil Jain, Advocate
For the Respondent :
NEMO

Dated : 16 Jul 2014
ORDER

 

JUSTICE J. M. MALIK, PRESIDING MEMBER (ORAL)

1.      Learned counsel for the petitioners heard.  The respondent/complainant has not turned up despite accepting a sum of Rs.10,000/- towards litigation charges.

2.      Learned counsel for the petitioner has invited our attention towards the letter dated 5.7.1996 wherein the complainant has admitted that the vehicle in question does not suffer from any defect.  However, the order dated 28.8.1999 passed by the District Forum reveals that tyres of the vehicle in question were torn.  There was defect in the engine of the tractor in question.

3.      Keeping in view the facts and circumstances of the case, we hereby modify the order of the State Commission.  The petitioner need not pay compensation in the sum of Rs.24,000/- because it is on higher side and it appears that the respondent-complainant is not interested in pursuing the case.  He has already received Rs.10,000/-

towards litigation charges without pursuing it which are enough towards the compensation.  The petitioner is directed to pay the total amount of Rs.31,000/- with interest @ 6% p.a. from 25.3.1996 till its realization.

3.      The revision petition stands disposed of.      

 

 
......................J
J.M. MALIK
PRESIDING MEMBER
......................
DR. S.M. KANTIKAR
MEMBER

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