Punjab

StateCommission

A/164/2017

Gurnam Singh - Complainant(s)

Versus

John Deere India Pvt. Ltd. - Opp.Party(s)

Vishal Satija

10 Mar 2017

ORDER

2^nd Additional Bench

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB,

DAKSHIN MARG, SECTOR 37-A, CHANDIGARH.

 

       First Appeal No.164 of 2017   

 

Date of institution:   08.03.2017

Date of Decision:    10.03.2017

 

Gurnam Singh son of Sukhdev Singh resident of Benars Tehsil Dhuri District Sangrur.

                                                                    ….Appellant/Decree holder

                                                         Versus

1. John Deere India Pvt. Ltd., through its Managing Director off Pune Road, Sanswari (Pune) Maharashtra 412208.
2. Zamindara Auto, through its Managing Partner, Malerkotla Road, Dhuri (Punjab.

                                                          Respondents/Judgment Debtors

 

     First Appeal against order dated 02.02.2017 of District Consumer Disputes Redressal Forum, Sangrur.

Before:-

 

          Hon’ble Mr. Justice Paramjeet Singh Dhaliwal, President

          Shri Gurcharan Singh Saran, Judicial Member

 

Present:-

                                                                          

For the appellant         :         Sh. Vishal Satija, Advocate

 

Hon’ble Mr. Justice Paramjeet Singh Dhaliwal, President                        

 

Order

 

          The instant appeal arises from the order dated 02.02.2017 in the Execution Application No.88 passed by the District Consumer Disputes Redressal Forum, Sangrur (in short District Forum). The District Forum has passed the following order:-

          “We partly accept the complaint and direct the OP to replace the diesel supply pump and lift pump of the tractor in question free of cost and further to make the tractor fully functional without charging any amount. The OPs are also directed to pay to the complainant an amount of Rs.20,000/- in lieu of consolidated amount of compensation for mental tension and harassment and Rs.5500/- on account of litigation expenses”.

2.                Aggrieved with the order passed by the District Forum, the appellant has come up in this appeal, while deciding the complaint after taking into consideration the job card which has also been placed before us as Annexure A-5, the District Forum has directed to replace diesel supply pump and lift pump of the tractor free of cost and that the tractor be made fully functional, besides payment of consolidated amount of compensation of Rs.20,000/- and Rs.5500/- as litigation expenses. Appellant has agreed with the cost part. He further stated that the diesel supply pump and lift pump of the tractor have not been replaced and the tractor has not been made fully functional. It has been mentioned in reply (Annexure A-5) filed by the OPs that the diesel supply pump and lift pump of the tractor are in order and the tractor is ready for delivery from their side, which has also been signed by the complainant. We have reason to believe that there is no necessity for any justification to pass further orders. The execution application stands fully satisfied.

3.                Learned counsel for the appellant by relying upon the reading of the back-side of the jobcard (Annexure A-7) submits that there is no expert evidence. He further relied upon the Annexure A-6 which shows that the tractor in question is not properly functioning. There was specific direction given by the District Forum to replace the diesel supply pump and lift pump. A perusal of the records shows that there is no evidence that the OPs have not replaced the parts. Later on another defect has occurred  and the engine is giving smoke and it can only be cured if the entire engine is changed. This is altogether a new defect. The same cannot be rectified by giving direction to the OPs in the execution proceedings, whereas a specific order has already been passed which has become final.

4.                Accordingly, the appeal is dismissed.

5.                The learned counsel continued to interrupt while dictating the order. The conduct of the counsel is not appreciated.  

                            

 

(JUSTICE PARAMJEET SINGH DHALIWAL)

                                                              PRESIDENT

                                                

 

                                             (GURCHARAN SINGH SARAN)

                                                           JUDICIAL MEMBER

 

March 10, 2017

PK/-