M. THANIKACHALAM J. - (1.) The unsuccessful complainant before the District Forum, Perambalur, in OP.24/2004, is the appellant.
(2.) The complainant/ appellant purchased a tractor from 2nd opposite party, which was manufactured by the 1st opposite party on 11.03.2002. The said tractor, met with an accident, and therefore the same was entrusted with 2nd opposite party, for repair at Perambalur. At the time of entrusting the tractor, for purchasing spare parts Rs.6000/- was paid, but as promised, within two days, the vehicle was not returned, after completing the repairs. On enquiry, the complainant was informed by the 2nd opposite party, that the spare parts for the tractor, was not available, and also not received from the 1st respondent. The tractor was given to the complainant, after a long delay, only on 14.5.2003, thereby causing deficiency in their service, which in turn caused huge monetary loss and untold mental agony to the appellant, which is quantified at Rs.60000/-. In view of the above facts, the complainant is constrained to file the case, not only for compensation, but also for a sum of Rs.22,800/-, paid by him as repair charges.
(3.) The opposite parties, in their separate written versions, have denied all the allegations in the complaint, further contending interalia, that there was no deficiency of any kind on the part of the opposite parties, that despite repairs were rectified, within the reasonable time, and informed to the complainant, he alone delayed in taking the vehicle paying the amount and ultimately paying the balance of repair charge viz. Rs.16,800/-, took the vehicle on 14.5.2003, for which the opposite parties cannot be held responsible, thereby prayed for the dismissal of the complaint.;