Consumer
Case Studies
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| Madhya
Pradesh State Consumer Disputes Redressal Commission,
Bhopal |
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| N
K Jain, President; B L Khare and Pramila S Kumar,
Members |
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| Mahindra
& Mahindra Ltd & Ors - Appellants |
| Versus |
| Babulal
Mewada & Anr - Respondents |
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| Appeal
No. 1691/01 |
Decided
on 10-03-2005 |
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Consumer
Protection Act, 1986 - Section 14 - District Forum directing
Appellant to replace the tractor manufactured and sold by
them to the Complainant and pay Rs 5,000/- per year from
1993 onwards as compensation - Appeal - Main defect alleged
was excessive consumption of fuel - Such a defect could
not be a ground for replacement of tractor - Appellant offering
to rectify defects without charge even at this stage - Impugned
order was liable to be set aside and directions issued accordingly.
Result - Appeal allowed. |
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IMPORTANT
POINT
Defect
that tractor was consuming excessive fuel could not be a
ground for replacement of the vehicle. |
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ORDER |
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1. |
By
the order impugned passed in case no. 100/2000,
the District Forum, Schore has directed
Appellants - Mahindra & Mahindra Ltd to
replace the tractor manufactured and sold
by them to Respondent No.1-Complainant and
also pay to the latter compensation at the
rate of Rs. 5,000/- per year from Oct'93
till replacement of the tractor.
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2. |
We
have gone through the evidentiary material
on record. Mainly, the defect pointed out
in the tractor was excessive consumption
of fuel. We are afraid, such a defect could
not be a ground for replacement of the tractor
in wholesale manner. Counsel for the Appellants
submitted that he has instructions from
Appellant-company that the company is prepared
to repair the tractor free of charge even
at this distance of time.
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3. |
Under
section 14 of the Consumer Protection Act,
1986, the relief which can be granted in
such a matter is to direct the manufacturing
company to remove the defects and, it is
only when defect is not removed, then the
order for replacement of the vehicle can
be made. Now that the Appellant/company
offers to carry out the necessary repairs
and remove the defects free of costs, we
deem it just and proper to modify the order
accordingly.
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4. |
As
regards the compensation, the direction
made by the Forum for payment of compensation
at the rate of Rs. 5,000/- per annum was
not justified inasmuch as the tractor could
be repaired and put to use during the intervening
period. In any case, the Complainant could
make alternative arrangement to avoid any
loss to him on account of defect in the
tractor.
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5. |
We
accordingly allow the appeal, set aside
the impugned order but direct the Appellants
to carry out necessary repairs and remove
all defects free of charge. For this purpose,
the tractor shall be made available to the
Appellants by Respondent No. 1 - Complainant
within 15 days from the date of communication
of the copy of the order. Necessary repairs
thereafter be carried out within next 30
days. After repairs, the tractor shall be
made available to the Respondent-Complainant
through the District Forum. The Forum before
handing over the tractor to the complainant
shall satisfy itself that all the defects
in the tractor have been removed. However,
in case it is found that the defects could
not be removed, the Appellant shall replace
the tractor as ordered by the Forum. We
make no order as to costs of this appeal.
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