M.THANIKACHALAM, J. - (1.) The 2nd opposite party is the appellant.
(2.) Brief facts necessary for the dispose the appeal; The 1st respondent, in this appeal, who is the complainant in CC.No.34/2006, on the file of District Forum, Erode, had purchased a tractor, which is annexed with the harvester, from the 1st opposite party, manufactured by the 2nd opposite party, on 16.3.2005, for a valid consideration of Rs.9,01,308/-. There was a warranty, upto one year, or for the period of 1000 working hours, whichever is earlier.
(3.) The 1st respondent, while delivering the tractor, and harvester, failed to deliver an important equipment called Rails, which is used to bring down the engine of the tractor, from the harvester, for repair purposes. Despite repeated request, orally as well as through communication, the opposite parties failed to supply the tool rails, thereby they have committed not only negligent act, but also deficiency in service.;