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M.A.A.KHAN, SUSHMA TANWAR
DAYANAND SINGH MODSARA – Appellant
Versus
GANPAT RAM – Respondent


Counsels for the Parties :
For the Appellant :Mr. Anil Poonia and Mr. Praveen Kateva, Advocates.
For the Respondents:Mr. Anil Chauhan, Advocate.

ORDER

Mr. Justice M.A.A. Khan, President—This appeal under Section 15 of the C.P. Act, 1986 (the ‘Act’), by a supplier of goods against the order of District Forum, Jhunjhunu (Raj.) dated 6.1.1999 arises under the following circumstances.

2. Respondent-complainant Nos. 1 to 3, are members of Scheduled Caste carrying on the profession of agriculture in a village of Jhunjhunu district. With a view to purchase a tractor with the agricultural loan to be obtained by them from the Co-operative Land Development Bank at Jhunjhunu, O.P.-respondent Nos. 4 and 5, they contacted the appellant, who is a dealer of “Swaraj” Tractors and carried on his said business in the business name and style of M/s. Shekhawati Auto Tractors and Spare Parts at Jhunjhunu. The appellant quoted the price at Rs. 2,53,090/- of a Swaraj 735 F.E. Tractor and the complainant deposited the quotation on 20.11.1995 with O.P.-respondent Nos. 4 and 5. A loan of Rs. 1,60,000/- was sanctioned to them on 30.11.1995 and they were required to deposit their share of price of tractor and other expenses amounting to Rs. 61,655/- and also to secure the debt with the mortgage of their deed of their immovable property. The complainant























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