Mr. Justice M.B. Shah, President—The say of the petitioner is that he is an authorised dealer of M/s. Bengal Tools Ltd. which is dealing in the sale of power tillers used for the purpose of agriculture and also as a carrier under the name and style of ‘Krishi Pragati’. Respondent No. 1 (complainant) approached the petitioner for purchasing the ‘power tiller’ after obtaining a loan of Rs. 70,000/- from the State Bank of India, Murshidabad, by mortgaging the land. The price of the power tiller was Rs. 80,000/-. The power tiller was delivered on 27.3.1996, which was hypothecated with the Bank.

2. It is the contention of the complainant that on taking the delivery of the power tiller, it was noticed that it had developed snags. Therefore, the complainant approached the petitioner (the dealer) for repair of the same, during the warranty period. The petitioner sent mechanics on several occasions to repair the said tiller, but the defects could not be removed. It is also contended that on 23.1.1998 one mechanic of the petitioner took away some valuable parts of the said power tiller. The complainant failed to get an relief from the petitioner and the respondent No. 2, the manufacturer