CourtKutchehry.com
Tribunals and Commissions(2015) 04 NCDRC CK 0133

Yadav Tractor Company vs Suderlal S/O Guri Prasad

National Consumer Disputes Redressal Commission · Decided on 16 April 2015

HON’BLE JUDGES
J.M.MALIK , S.M.Kantikar J.
RESULT
Petition dismissed

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

9 paragraphs · 339 words
1.

COUNSEL for the petitioner present. A compromise was entered into between the parties before the Judicial Magistrate Ist Class, where one of the stipulation of the compromise was "any defect in tractor during warranty will be removed on the expenses of Company". Counsel for the petitioner claims that all the defects were removed. He has also invited our attention towards the prayer clause of the complaint, which is reproduced here as under: - "It is, therefore, must respectfully prayed that this Learned Court may very kindly be pleased to award the following reliefs after considering the above mentioned facts of the case in the interest of justice.

i. Rs.4,00,000/ - (for damages caused during peak season of cultivation due to defects and illegally detention of Tractor since 26.08.2006 to 09.11.2006)

ii. Rs.50,000/ - (for mental agony)

iii. Rs.30,000/ - (for conveyance and other expenditure)

iv. Rs.1,100/ - (for notice expenses)

v. Rs.5,500/ - (legal fee)

It is also further prayed that this Court may also award any other relief which this Learned Court may deem fit."

2.

COUNSEL for the petitioner submits that no prayer was made for any defect in the vehicle. However, we have gone through para No. 13 of the complaint, which is also reproduced here as under: - "13. That after compromise the opposite party No. 1 removed the following defects, battery, light, alternator, brake, horn, starting problem, bearing, but rest of the defects eg. abnormal heating of heat meter, speed - time meter, Oil Meter, (not indicating the position of diesel), abnormal noise in engine, abnormal sound in hydraulic as well as oil leakage and wobbling in wheels were persisted and the papers of the Tractor were also not provided till January, 2007".

3.

THUS , it is for the District Forum to find out whether there any defect exists or not. The Revision Petition is without merit and the same is therefore, dismissed. However, the District Forum is directed to expedite the case and decide it as early as it is possible.