NAGPUR AGRICULTURE EQUIPMENT ENGINEERS PRIVATE LTD. Vs. PREMNATH S/O VITTHALRAO PATIL
LAWS(NCD)-2020-7-6
NCDRC
Decided on July 02,2020

Nagpur Agriculture Equipment Engineers Private Ltd. Appellant
VERSUS
Premnath S/O Vitthalrao Patil Respondents


Referred Judgements :-

A RAGHAVAMMA VS. A CHENCHAMMA [REFERRED TO]
GHAZIABAD DEVELOPMENT AUTHORITY VS. BALBIR SINGH [REFERRED TO]


JUDGEMENT

S.M. Kantikar, J. - (1.) This Revision Petition has been filed under Section 21(b) of the Consumer Protection Act, 1986, hereinafter referred to as the "Act 1986", challenging the Order dated 17.09.2014 passed by the Maharashtra State Consumer Disputes Redressal Commission (for short "State Commission") in First Appeal No. A/629/08 arising out of the Order dated 09.06.2008 in C.C. No. 559 of 2007 passed by the District Consumer Disputes Redressal Forum, Nagpur, (for short, 'The District Forum") wherein the appeal was partly allowed.
(2.) Briefly stated facts relevant for the disposal of this Petition, are that the complainant Premnath purchased a Sonalika thresher machine from Nagpur Agriculture Equipment Engineers Private Ltd. (OP-1) for Rs. 1,02,500/-. The machine was manufactured by M/s Sonalika Agro Industries Corporation (OP-2). It was alleged that due to the throwing of dust from the feeding hole, the machine could not work efficiently. The thresher work could not be done. The complainant alleged that it was due to manufacturing defect in the machine. The OP-1 did not heed attention to the repeated complaints of the complainant. The complainant sustained a loss of his earnings at Rs. 3,000/- per day. Alleging deficiency in service on the part of the OPs the complainant filed a complaint before the District Forum, Nagpur seeking compensation and replacement of the machine.
(3.) The OPs filed their respective replies and raised preliminary objection that the complainant was not a consumer; he purchased the machine for business purpose. The OP- 1 filed a civil suit against the complainant for recovery of unpaid price of the machine in question. The complainant has not filed any expert report to show that there was defect in the machine. The OPs denied any manufacturing defects in the thresher machine.;


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