M/S. Ravi Motors vs Mohan Singh & Anr

The District Forum vide its Order dated 28.02.2007 had allowed the complaint. In appeal, the State Commission vide its Order dated 30.08.2010 had concurred with the finding of the deficiency in service and had partially modified the award:

Having taken into consideration the facts and circumstances of the case which are corroborated by the documentary evidence adduced on record, it is established that the appellant-opposite party No. 1 has cheated a poor farmer by charging excess price of Rs. 15,613/- and for not handing over the documents of the tractor and thus dragged him in the uncalled for litigation which suffered the complainant mental agony and harassment and as such the complainant is entitled to compensation on this count which we quantify Rs. 50,000/- besides litigation expenses to the tune of Rs. 10,000/-.

As a sequel to our aforesaid discussion, this appeal is partly accepted and the impugned order is modified with a direction to the appellant-opposite party No. 1 to pay a sum of Rs. 15,613/- to the complainant alongwith interest @ 18% per annum from the date of purchase of the tractor till its realisation and to pay compensation of Rs. 50,000/- on account of mental agony and harassment suffered by the complainant besides Rs. 10,000/- as litigation expenses. The appellant-opposite party shall deliver the relevant documents of the tractor i.e. sale letter etc. to the complainant. This order shall be complied by the appellant-opposite party within a period of 60 days from today.

This appeal is disposed of accordingly.

(extract from State Commission's Order)

This revision petition has been filed against the said Order dated 30.08.2010 of the State Commission.

Arguments were partly heard. Prima-facie no merit was seen in the revision petition. During the course of arguments, learned counsels for both the sides requested for a brief interlude to seek respective instructions and to confer. After the interlude, and after seeking instructions, and after conferring, learned counsel for the revision petitioner (authorized dealer) submitted that the amount of Rs.46,000/- that had been deposited by the revision petitioner with the District Forum in compliance of this Commission's Order dated 05.01.2011, be released alongwith interest if any accrued thereon to the complainant (farmer). In addition, the revision petitioner will make a payment of Rs.60,000/- to the complainant within a period of four weeks from today and will also undertake the registration of the subject tractor in favour of the complainant at its (revision petitioner - authorized dealer's ) cost within six weeks from today.

Learned counsels for the respondent no. 1 - complainant (farmer) and the respondent no. 2 (manufacturer) submitted that they agree to the above proposition.

The revision petitioner (authorized dealer) in person and the respondent no. 2 (complainant - farmer) in person also submitted that they agree to the said proposition.

Keeping in view the submissions made by learned counsels for both sides, and of the revision petitioner in person, and of the complainant in person, it is directed that the District Forum shall release the amount of Rs.46,000/- deposited with it alongwith interest if any accrued thereon in favour of the complainant by way of 'payees' a/c only' demand draft in favour of the complainant within a period of four weeks from today, after the due verification. The revision petitioner - dealer shall make a payment of Rs.60,000/- to the complainant by way of 'payees' account only' demand draft within a period of four weeks from today. The revision petitioner - dealer shall ensure the registration of the subject tractor in favour of the complainant at its (revision petitioner - dealer's) cost within six weeks from today.

So disposed, with the explicit consent, as submitted today before the bench, of all parties.

Let a copy of this Order be sent to the District Forum within ten days by the Registry.