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2012 Supreme(J&K) 543

MUZAFFAR HUSSAIN ATTAR, J.P.SINGH
International Tractors Ltd. – Appellant
Versus
Pal Constructions Company & anr. – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff:Mr. Virender Bhat, Advocate
For Respondents/Defendant:Mr. Basit M. Keng, Advocate for R-1. Ms. Aruna Thakur, Advocate for R-2

J.P. Singh, J.—

1. Saddled by the Jammu and Kashmir State Consumer Disputes Redressal Commission, Jammu, hereafter 'the State Commission' with liability to pay Rs. 12,95,650/- along with interest at the rate of 8% per annum to M/s. Pal Construction Company-respondent No. 1 for deficiency in service of Sonalika Mustang Heavy Duty Back Hoe Loader, purchased by respondent No. 1 from it through Jammu Motors Private Limited-respondent No. 2, the Appellant-M/s. International Tractor Limited is in appeal against the Commission's order dated 15.12.2010.

2. The State Commission was moved by respondent No. 1 with its Complaint against the appellant and its Agent alleging surfacing of manufacturing defects in Sonalika Mustang Heavy Duty Back Hoe Loader, referred in the Complaint, as JCB Machine, within two and half months of its purchase, which were not attended to by the appellant, despite its Agent's noticing defects in the machinery supplied by the appellant to respondent No. 1 and claiming refund of Rs. 12,95,650/-, the cost of the Machinery along with interest at the rate of 18% per annum, besides compensation of Rs. 2.00 lac, for, the machinery was rendered incapable of use.

3. The appella





















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