Decided on May 31,2010

Popular Automobile Engineering, Morinda Respondents


- (1.) THE appellant had purchased Sonalika Tractor, 60 Horse Power from the respondent on 27.6.2004 for an amount of Rs. 3,65,000. He had taken the loan from the Gramin Shivalik Bank, Kharar on 25.6.2004 for an amount of Rs. 2,75,000 and he made the payment of Rs. 90,000 from his own sources to the respondent by way of bank draft.
(2.) IT was further pleaded that the respondent had not issued any receipt or sale certificate and Form Nos. 21 and 22 to the appellant. Therefore, the appellant could not get the tractor registered. Delivery of the tractor was taken by the appellant from the respondent on 27.6.2004. Since the tractor could not be got registered for want of these documents, therefore, the tractor is lying parked in the house of the appellant.
(3.) IT was further pleaded that the appellant had also purchased the JVC machine from the respondent for an amount of Rs. 3,25,000 for which also the sale certificate was not issued by the respondent. The appellant reserved his right to file a separate complaint regarding the JVC. The respondent failed to deliver the sale certificate or form Nos. 21 and 22 for want of which the appellant failed to use the tractor and he suffered the loss/damages to the tune of Rs. 4,000 per day. Alleging deficiency on the part of the respondents, the appellant filed a complaint against the respondent in the learned District Consumer Disputes Redressal Forum, Ropar (in short "District Forum") for recovery of Rs. 2,00,000 as compensation and for direction to the respondent to issue the sale certificate and other relevant papers regarding the said tractor. Compensation, cost and interest were also prayed. The respondent filed written statement by way of affidavit of Satnam Singh, Proprietor. It was admitted that the appellant had purchased a Sonalika Tractor Dl 60 for a sum of Rs. 3,71,000 on 25.6.2004. He was given the rebate of Rs. 6,000. All the documents of the said tractor and receipts were taken by the appellant from the respondent on the same day for which he had given the receipt on the back of the sale invoice. Further pleaded that the appellant had taken the delivery of the tractor on 12.6.2004 and not on 27.6.2004. It was denied if the appellant had purchased any JVC machine from the respondent. The respondent never sold the JVC machines.;

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