The present consumer disputes was put up for hearing on 14.11.2022. Both the parties were present through their respective counsel. Both the counsel have prayed for referring the matter/dispute for mediation to the mediation cell of the Commission. Hence, the matter was referred for mediation for settlement and to submit the report to the Commission.

2.         The claim of the Complainant is for payment of Rs.61 lakhs being the cost of the Crane supplied by the Opposite Parties with the interest @ 18% per annum with effect from 26.02.2021 with other financial reliefs as the Crane was old and defective one in paint, for unfair trade practice, deficiency of service and negligence of service in selling the spurious crane being CFO21470011693012 XTR CRANE MAKE- ESCORTS, CHASIS NO. ECEO2127EM0000320 ENGINE NO. E613CDLB32191IE.

3.         Shri H. Basant Singh, Mediator submitted the report dated 05.01.2023 on 11.01.2023. In the said report the dispute between the parties were settled on the following terms and conditions:-          

1. The Respondent No.1 ESCORTS Ltd. shall bear the expenses of the touch up of the body of the crane such as mending of the body parts of the crane to the satisfaction of the complainant. And agreed to use standard materials at the time of mending of the crane not to create any sort of unwanted result later on. Further, the Respondent no.1 shall repair the door cabin of the crane at the time of repairing of the crane.
2. Again in the case of payment of the interest or penalty of G.S.T imposed against the complainant in regards to the crane, the Respondent No.2 shall bear and take responsibility of the payment to the exclusion of the complainant.
3. For the period of starting for the touch up works like paints and mending with putty in the body of the crane. It shall be started from the 2^nd week of February,2023 upto the month of 1^st week of March. And if convenient, as agreed between the parties the touch up may be preponed.

4.         We have considered the report of the Mediator and found the  terms and conditions of the settlement of the dispute between the parties are not illegal. Hence the Complaint Case is disposed of under the said terms and conditions as amicably settled.

5.         Pronounce in the open court.

6.         Let a copy of this order be provided to all the parties free of cost. The order also be uploaded forthwith on the website of the Commission for perusal of the parties.

7.         File be consigned in record room along with a copy of this order.