Mr. Justice S.A. Shah, President— The appellant is the original opponent No. 2. the manufacturers of Punjab Tractors Limited, Chandigarh. The tractor in question is a model Swaraj-720. The respondent No. 1 is the original complainant and for the sake of convenience we will refer to him as complainant and the appellant as opponent No. 2.

2. That the complainant purchased the tractor Model Swaraj-720 from the Opponent No. 1 M/s. Patel & Company, Wadhwan City who are admittedly the dealers of Swaraj Tractors. It is not disputed that prior to the purchase of the tractor the quotations were given by the opponent No. 1 and the price that was prevailing at that time was Rs. 77,798.40. According to the complainant the dealers have assured the complainant that the tractor will be delivered as soon as the payment is made. The complainant is an agriculturist and was badly in need of the tractor. He, therefore, paid full amount of Rs. 77,798.40 on 12.3.91 alongwith the firm order. The tractor was not delivered either immediately or within reasonable time and the same was offered for delivery in June ‘91 i.e. after more than three months.

Curiously though the dealer offered the delivery at a