The court upheld the complainant's claim for the refund of the price and repairs of the defective tractor, citing the Unfair Trade Practices and Consumer Protection Act.

Mr. Justice G.G. Loney, President — This complaint relates to Unfair Trade Practice committed by the opposite party. Shortly stated the facts are that complainant agreed to purchase a tractor and a trailer from opposite parties under agreement dated 15th January, 1992. Under the agreement, the opposite parties agreed to sell along with the tractor, a trailor, a cultivator etc. The consideration for the sale was fixed at Rs. 1,32,500/- . A copy of the agreement dated 15.1.92 is at Annexure 1. The complainant further alleged that the original vehicle was taken through bank in the name of opposite party No. 1 and that opposite party No. 2, younger brother of the opposite party No.1 took away the vehicle with accessories. The tractor, trailor and cultivator were manufactured by ‘Mahindra International’. The tractor was bearing Registration No. MYK 4395, The complainant had paid Rs. 90,500/- out of the consideration to the opposite party. The complainant also paid Rs. 5000/- at the time of the delivery of the tractor. But opposite party did not issue the receipt for that amount. It is further alleged that since the said tractor is mortgaged with State Bank of India, Ralegaon Branch, it was agreed that the opposite party shall repay the bank loan and get the encumbrance of the bank released before handing over the tractor to the complainant. It is alleged by the complainant that after taking possession of the tractor, the complainant had to repair the tractor and accessories and had incurred the expenditure of Rs. 24000/- . Thus it is alleged that the tractor was a defective goods. The complainant further alleged that because of the non-payment of the bank loan by the opposite party, 2nd agreement was executed between the parties on 15.5.1992, and under that agreement, opposite party No. 2 agreed to return Rs. 64,600/- within 2 months to the complainant and also agreed to give Rs. 30,000/- . But opposite party has paid Rs. 3000/- and failed to return the rest of amount to the complainant. Hence complainant filed this complaint for refund of Rs. 80,500/- and Rs. 24,000/- towards repairs charges, interest, business loss, compensation and cost. The total claim is made for Rs. 2,28,600/- .

2. This Commission had issued a notice to the opposite party under Section 13 of the Consumer Protection Act. The opposite party received notice from the Commission sent by Registered Post with Acknowledgement Due. The opposite parties received the said notice and failed to appear before the Commission on 12.2.1993, which was the dated fixed for hearing. The postal receipts of having sent the notices by R.P.A.D. to the opposite parties dated 12.11.92 are placed on record vide “Postal Receipt Nos. 1125, 1126, 1127. Since opposite parties remained absent despite intimation sent by post, we therefore, proceeded ex-parte against the opposite parties.

3. The complainant filed his affidavit dated 9th February, 1993 in support of his allegations. The complainant has also filed on record the extract of bank loan and certificate of registration of the tractor. From the allegations made in the complaint and after hearing Smt. Chiddarwar, Advocate for the complainant, we find that the complainant has proved his allegations as regards the sale of the defective tractor to the complainant. The claim of the complainant therefore, required to be allowed. We therefore, find that complainant is entitled to refund back Rs. 80,500/- and Rs. 24,000/- towards the price and repairs of the tractor. However, the claim of the complainant regarding interest of Rs. 16,100/- Rs. 48,000/- towards business loss and Rs. 50,000/- towards mental harassment is rejected, as not satisfactorily proved. The complainant is required to be paid reasonable cost for this complaint. Hence we pass the following order.

ORDER

4. The complaint is partly allowed. The opposite party shall pay to the complainant Rs. 80,500/- and Rs. 24,000/- within 2 months from the receipt of the order, failing which