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N.K.JAIN, NEERJA SINGH
Shobharam – Appellant
Versus
Proprietor, Dealer Ajab Singh – Respondent


Advocates:
Counsel for the Parties:
For the Appellant:Shri D.C. Kotiya, Advocate.
For the Respondent No. 1:Shri M.A. Khan, Advocate.
For the Respondent Nos. 2 and 3:Shri Mohan Chouksey, Advocate.

ORDER

N.K. Jain, President—Heard.

2. By the order impugned the Forum below has dismissed complaint of appellant claiming delivery of a new tractor from respondent or refund of his money with interest and costs.

3. As per appellant’s own showing he purchased a tractor from Respondent No.1 who is sub-dealer of Respondent No. 2, the dealer of Respondent No. 3 manufacturer. He purchased the tractor for a total sum of Rs. 2,49,700 on 19.6.2000 as against which he paid only Rs. 1,65,000 that too in three instalments. Last instalment was made on 5.6.2001. Since he did not pay the balance money for more than three years, the tractor was repossessed by Respondent No. 2 dealer. There is further documentary evidence available on record that he entered into with another deal with Respondent No. 2 and purchased a second-hand tractor for Rs. l,40,000 on 20.6.2003. Towards this amount he paid a sum of Rs. 9,000 on 20.6.2003 and Rs. 71,000 on 23.6.2003 i.e. total Rs. 80,000 thus leaving a clear balance of Rs.60,000. He approached the Forum below in January 2004 attributing deficiency to the respondents. We find ourselves in full agreement with the findings of the Forum below that the appellant-com






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