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Judgment
These revision petitions have been filed under Section 21(b) of the Act 1986 in challenge to the Order dated 12.07.2011 of the State Commission in appeal no. 1379 of 2006 arising out of the Order dated 14.06.2006 of the District Commission in complaint no. 125 of 2003.
The operative portion of the State Commission's impugned Order is as below:
Accordingly, after partly admitting the order dated 14.6.06 of the Ld. District Forum, Karauli, and revising the same, it is directed to opposite party no. 2 that a new tractor replacing the old tractor alongwith fresh warranty be delivered to the complainant within two months. The delivery of old tractor shall be taken by the opposite party no. 2 from the dealer. Besides this, the opposite party no. 2 shall pay an amount of Rs.2,00,000/- for financial losses, parts and interest and mental agony within two months. The parties shall bear their own litigation expenses. There is no order against oppositie parties No. 1 and 3.
Learned counsel for eastwhile New Holland Tractors Pvt. Ltd. now CNH Industrial (India) Pvt. Ltd., the manufacturer, submits, on instructions, that it is ready and willing to comply with the award made by the State Commission. He further submits that the subject tractor in question was a tractor of 70 h.p.. The same is not being manufactured any more and therefore in its place a new tractor of 75 h.p. will be provided. In addition the compensation of Rs.2 lakh awarded by the State Commission will also be paid. He requests for a period of six weeks to make the necessary compliance. Mr. Rajnish Ranjan, Legal Counsel, Authorized Representative of the of CNH Industrial (India) Pvt. Ltd., the manufacturer, present in person, confirms.
Learned counsel further submits that [regardless of the merits of the case] this settlement is being proposed considering inter alia the efflux of time and as a goodwill gesture in the facts and specificities of this particular case alone and may not be treated as a precedent.
Learned counsel for the legal heirs of the complainant submits, on instructions, that the legal heirs of the complainant are ready and willing to accept this settlement. He further submits that the delivery of possession of the new tractor of 75 h.p. as well as a 'payee's account' only demand draft of Rs. 2 lakh may be made over to the legal heir no. 1 i.e. Mr. Kuldeep Pal s/o Mr. Veerendar Pal ( the deceased complainant).
In the wake of the above submissions, the revision petition no. 3344 of 2011 and 2451 of 2012 are disposed of with the direction that a new tractor of 75 h.p. shall be delivered by CNH Industrial (India) Pvt. Ltd., the manufacturer, to the legal heir no. 1 Shri Kuldeep Pal s/o Late Shri Veerendar Pal within six weeks from today along with a 'payee's account' only demand draft of Rs. 2 lakh within the same period of six weeks from today. This shall not be a precedent.
The Registry is requested to send a copy each of this Order to the parties in the petition and to their learned counsel within three days. The stenographer is also requested to upload this Order on the website of this Commission immediately.