OM PRAKASH Vs. ASSISTANT ENGINEER HARYANA AGRO INDUSTRIES CORPORATION LIMITED
SUPREME COURT OF INDIA
Assistant Engineer Haryana Agro Industries Corporation Limited
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(1.)This appeal has been filed, against an order passed by the 'national Commission', established under the Consumer Protection Act, 1986, setting aside the orders passed by the State Commission and thedistrict Forum, and dismissing the petition of complaint filed on behalf of the appellant against Respondent 1 (hereinafter referred to as 'the respondent').
(2.)The appellant booked a tractor with the respondent and deposited an amount of Rs. 2,500. 00 as an advance on 12/12/1990. The price of the tractor was quoted at Rs. 1,86,975. 00. The appellant was first to receive the tractor from the said respondent according to the list of booking. On an application made on behalf of the appellant, Allahabad Bank, Shahpur, sanctioned loan to the appellant, which decision was communicated by a letter dated 5/2/1991.
(3.)Although in the list of the persons to whom the tractors were to be supplied, the position of the appellant was against Serial no. 1, the said respondent, according to the appellant, went on supplying tractors to others, who were below the appellant in the said list. In the meantime, there was a rise in the price of the tractor and ultimately when the tractor was supplied to the appellant on 21/9/1991, the appellant had to pay Rs. 2,27,664. 00. In this process, the appellant suffered a loss of Rs. 40,690. 00 for no fault of his and due to the conduct and practice adopted by the respondent.
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