C.D. Appeal No.374 of 1996. Case: 1. M/s Kirloskar Oil Engines Ltd., 2. M/s Shree Mahabir Service Station, Vs 1. Sri Udayahari Das, son of late Krushna Mohan Das, 2. Sri Ramhari Dey, son of late Narendra Nath Dey, 3. Sri Madhusudan Gharai, son of late Kesab Ch. Gharai, 4. Secretary, Mohagab Service Cooperative Bank, Bhograi Branch, 5. Branch Manager, Balasore District Central Co-operative Bank, Bhograi Branch. Orissa State Consumer Disputes Redressal Commission
| Case Number | C.D. Appeal No.374 of 1996 |
| Counsel | For the Appellants : Mr. A.K. Samal |
| Judges | Shri A.K. Samantaray, President, And Shrimati Smarita Mohanty, Member |
| Issue | Consumer Law |
| Judgement Date | September 17, 2010 |
| Court | Orissa State Consumer Disputes Redressal Commission |
Order:
Shri A.K. Samantaray, President
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By means of this C.D. Appeal, the appellants -- Kirloskar Oil Engine Ltd., the manufacturer of Kirloskar water pump sets, and M/s Shree Mahabir Service Station, the distributor of Kirloskar pumps at Balasore have assailed the common judgment and order dated 22.05.1996 passed by the District Forum, Balasore in C.D. Case Nos.285, 286 and 293 of 1993. The aforementioned C.D. Cases were filed by the complainants-respondents Udayahari Das, Ramahari Dey and Madhusudan Gharai respectively alleging deficiency in service on the part of both the manufacturer and the local distributor of Kirloskar pumps.
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The brief facts of the case of the complainants are that the complainants are the beneficiaries of Balasore District Co-operative Central Bank Ltd. as well as Mohagab Service Co-operative Society, Mohagab in the district of Balasore. For cultivation of their land, they had applied for purchasing water pump sets. They being I.R.E.P. beneficiaries, their applications were recommended by the Project Officer, D.R.D.A., Balasore. As per the orders given by the Secretary of the Service Co-operative Society, opposite party no.1, the dealer of Kirloskar water pump sets, supplied three Kirloskar diesel pump sets to the complainants on 23.01.1993 on receiving Rs.13,400/- from the Branch Manager, Balasore District Central Co-operative Bank Ltd., Bhograi Branch as they were the beneficiaries under the said Bank. No warranty card was supplied to the complainants for the diesel pump sets provided to them. Opposite party no.2 is the manufacturer of those Kirloskar diesel pump sets having their factory at Pune in the State of Maharashtra. After purchase of the pump sets, the complainants used them for a period of about three months, whereafter the pump sets started giving trouble. They approached opposite party no.1, the local dealer, on 10.04.1993 and informed him about the trouble in the pump sets. At the first instance, opposite party no.1 exhibited his reluctance to send his mechanic to repair those pump sets. Ultimately, he sent one mechanic, namely, Manoj Kumar Patra, who came and opened those pump sets for repair and declared that the original crank shaft, the piston of the engine, the connecting rod and the mobil pump fitted to those pump sets were not of Kirloskar make as there were no mark of Kirloskar over those parts. All those parts were of some different company. After knowing this from the mechanic, the...
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