The power of the District Forum to issue directions for production of documents under Section 13(4) of the Consumer Protection Act.

ORDER :

1. All the above applications are disposed of by this common order and CCIA No. 273/2013 in CC No. 109/2012 is taken as lead case.

2. This is an application filed by the complainant u/s 151 of C.P.C. praying to direct the respondents/opposite parties to cause production of ‘Product Concern Reports’ of the harvester of the complainant from the date of purchase till the date of filing the complaint on the ground that the harvester purchased by her on 3.2.2010 through Op1 manufactured by Op2 by paying an amount of Rs. 21,75,000/- had suffered inherent manufacturing defects relating to engine, gear box, crawler etc. The petitioner/complainant submits that the engine was repaired on 1.5.2011 and the crawler was replaced on seven occasions. She further contended that assemble transmission was repaired and replaced nearly on eight occasions. The opposite parties modified and replaced the parts four times. She submits that as on the date of filing of the complaint the harvester was held up for 30 months.

3. The petitioner/complainant submits that the opposite parties maintain a separate Product Concern Report for each and every harvester whenever the harvester was taken to Op1 for repairs. It shows the nature of defects, the action taken by the Ops etc. She submits that all the PCRs are computerized and are available with the opposite parties and they are required for better adjudication of the matter.

4. R1/Op1 filed counter denying the allegations made by the complainant and contended that this Commission has no jurisdiction. It being the dealer rendered after sales service to the harvester and they maintained the job cards and the record pertaining to replacement of parts under warranty etc. R1/Op1 contended that whatever the record maintained by it was handed over to Op2 on receipt of notice in the complaint. R1/Op1 submits that the petitioner may be directed to approach Op2 to cause production of documents sought for by the complainant they being the dealer will not be having the records. Therefore it prayed that the petition be dismissed against R1/Op1.

5. R2/Op2 filed counter contending that this Commission has no jurisdiction to entertain the application. They submit that for the averments made by the complainant they suitably replied in the counter filed by Op2. They contended that instead of relying on the documents filed by her, the complainant is trying to make out the case on the strength of documents now sought for in this application. It is contrary to law. As and when the harvester was brought to Op1 it was attended to and rectified the alleged defects to the satisfaction of the petitioner/complainant. The petitioner/complainant has to prove her case on her own strength instead of relying upon the defence of the Ops. R2/Op2 further submits that as there are complicated questions of fact and law are involved they cannot be tried summarily. The petitioner/complainant has not made out any case which warrants this Commission to direct the Ops to cause production of documents sought for in this application. This Commission has no jurisdiction to order the same.

6. The point for consideration is whether this Commission has power to cause production of documents?

7. The petitioner/complainant filed CC 109/2012 alleging that the harvester purchased by her on 3.2.2010 through Op1 manufactured by Op2 by paying an amount of Rs. 21,75,000/- had suffered inherent manufacturing defects relating to engine, gear box, crawler etc. According to her it has been causing one trouble or the other from the date of its purchase. She could not make use of the same for the past thirty months, and therefore sought for refund of cost of the harvester at Rs. 21,75,000/- with interest and reimburse premium of Rs. 24,000/- together with loss of earnings, compensation and costs.

8. We observe from the record that though the Opposite Parties filed their counter they did not file any documents except the warranty terms, operating manual and the machine