Per Shri A.Z.Khwaja, Hon’ble Judicial Member.

1)       Petitioner has preferred the present Revision Petition feeling aggrieved by the order Dt.09/01/2020 passed by the learned District Consumer Commission Gondia by which the Consumer Complaint No.19/162 filed by the present petitioner came to be dismissed U/S 13(4)3 of Consumer Protection Act.1986. (Petitioner and respondent shall be referred by their original nomenclature).

            Short facts leading to the filing of the present petition may be narrated as under :- 

2)      Complainant claims to be an agriculturalist and had purchased one tractor from O.P.No.2 R.J. Motors who was authorised dealer of Mahindra Tractor. Complainant had purchased the same for the sum of Rs.9,20,000/- on 24/01/2017 and the same was duly registered by O.P. No.2 namely Mahindra Finance Service Ltd. Complainant has also made payment of Rs.1,33,533/- by Demand Draft. Complainant has alleged that the respondent Nos.1 and 2 did not hand over all the documents and only gave tax invoice which shows that the tractor was of four cylinder, but the  respondent No.2 had made delivery of two cylinder tractor to the complainant and so O.P.Nos.1 and 2 both have committed breach of contract. On 14/06/2017 the complainant had lodged the complaint in writing against the O.P.No.1 and informed the O.P.No.2 that O.P.No.2 had intentionally delivered two cylinder tractors in spite of the promise to supply four cylinder tractor. Complainant then filed the Consumer Complaint No.13/2019 before the learned District Consumer Commission Gondia on 28/01/2019. It is against this order Dt.09/01/2020 passed by the District Consumer Commission Gondia, that present revision petitioner has come up in revision.   

3)      After filing of the present revision petition notice came to be issued to respondent Mahindra Finance Service Ltd. and respondents have duly appeared. We have heard the learned advocate for the petitioner in support of the revision petition and perused the record. At the out set it is submitted by the learned advocate for the petitioner that the learned District Consumer Commission Gondia has not taken in to consideration various aspects and had passed an erroneous order by dismissing the complaint of the present petitioner. Learned advocate for the petitioner has vehemently submitted that the learned District Consumer Commission Gondia has not taken in to consideration the fact that the present petitioner/complainant was an agriculturist and was not having any legal back ground. Secondly it is submitted by the learned advocate for the petitioner that the learned District Consumer Commission Gondia has also not considered the fact that the petitioner/complainant was suffering from Jaundice and so was unable to move about. During this period one letter was also received by the family members but they did not think it proper to inform the petitioner. According to learned advocate for the petitioner, the petitioner was advised bed rest from 20/12/2019 to 10/01/2020. Learned advocate has submitted that the learned District Consumer Commission Gondia had not taken in to consideration the fact that  the petitioner/complainant had not remained absent deliberately. Further it is argued by him that the complainant was having a good case on merits but solely due to fact that he was suffering from Jaundice he could not remain present.

4)      During the course of argument the learned advocate for the petitioner has drawn our attention also to various documents including one medical certificate issued by medical officer on 11/01/2020. Bare perusal of this medical certificate placed on record shows that the present petitioner/complainant was suffering from Jaundice and was advised bed rest from 20/12/2019 to 10/01/2020. It is pertinent to note that the learned District Consumer Commission Gondia dismissed the complaint of the petitioner on 09/01/2020 on the ground that he had failed to file his evidence affidavit. It is necessary to point out that the respondent No.2 has appeared in the matter and has strongly opposed the present revision petition. Respondent No.2 has taken a plea that the present petition itself is not maintainable. Respondent No.2 has further contended that the petitioner was falsely shifting the blame on his advocate. Respondent has further contended that the petitioner was not at all an illiterate person and so they may not be given an advantage of being agriculturist. According to respondent No.2 it was easily open to the petitioner to inform his advocate so that he could take necessary steps. But in the present matter we find that petitioner has not only pointed out that he was suffering from Jaundice but was also advised bed rest by the medical officer and medical certificate supporting the same is also placed on record.

5)      We do not see any reason to disbelieve the documents on record. Learned advocate for respondent No.2 has also made certain contentions on merits. However the learned advocate for the petitioner has submitted before us that in the interest of justice the order passed by the learned District Consumer Commission Gondia on 09/01/2020 needs to be set aside and petitioner deserves to be granted an opportunity to adjudicate and decide the complaint on its merits.

6)     We do find considerable force in the contentions advanced by the learned advocate for the petitioner Ms.Aditi Pardhi. We are further of the view that looking to the contentions raised by the present petitioner opportunity needs to be granted to the petitioner to adduce evidence after setting aside the order passed by the learned District Consumer Commission Gondia. In our view the cause of justice will be served if the order passed by the District Consumer Commission Gondia dated 09/01/2020 is set aside after imposing suitable cost and the complaint is restored to the file. In view of the aforesaid facts, we are proceeded to pass the following order. 

//ORDER //

1. Revision Petition No.20/28 is hereby allowed.
2. Order dated 09/01/2020 passed by the learned District Consumer Commission, Gondia is hereby set aside and complaint is restored to the file of District Consumer Commission Gondia subject to payment of cost of Rs.2500/- to be paid to respondent within two weeks.
3. On payment of cost the complaint shall be restored to the file and  learned District Consumer Commission Gondia is directed to proceed with the same in accordance with law.
4. Complainant shall appear before the learned District Consumer Commission Gondia on 30/12/2021.
5. No order as to cost.