Case nº Revision Petition No. 1044 Of 2017, (Against the Order dated 19/01/2017 in Appeal No. 2166/2014 of the State Commission Andhra Pradesh) of NCDRC Cases, May 09, 2017 (case Pinaka Radha Krishna Vs Dasmesha Agricultural Industries Pvt. Ltd. & Ors.)
| Judge | For Appellant: Mr. Sadineni Ravi Kumar, Adv. |
| President | Mrs. Rekha Gupta,Presiding Member |
| Resolution Date | May 09, 2017 |
| Issuing Organization | NCDRC Cases |
Order:
Rekha Gupta, Presiding Member
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The present revision petition has been filed against the judgment dated 11th January 2017 of the Telangana State Consumer Disputes Redressal Commission, Hyderabad (''the State Commission'') in FAIA no. 2166 of 2014 in FASR no. 6050 of 2014.
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The facts of the case as per the petitioner/ complainant are that the petitioner had borrowed a loan of Rs.18,00,000/- from the District Co-operative Central Bank, Papannapet, Medak District to purchase a harvester of 75 HP with 4 Cylinder by paying margin money of Rs.6,00,000/- and purchased the same on 22.03.2012 in his name and that also purchased another harvester of 105 HP with 6 Cylinders in the name of his son Guru Prasad from the opposite party no. 2 which were manufactured by respondent no.1. The respondent no. 3 is the Area Manager of respondent no.2. Thereafter, as per the petitioner initially he was allotted TR no. AP 23 TN TR 6897 to his harvester but later on when he approached Deputy Transport Commissioner, Medak for obtaining permanent registration, it was rejected on 13.09.2012 on the ground that the chassis number of the vehicle was not tallying with the temporary registration papers and that the engine number was not punched on the engine and that the number of cylinders and wheel base and tyre size were also differing with the contents of the said papers. The petitioner has also alleged that despite notice being issued to the respondents, they did not submit the correct documents to the Deputy Transport Commissioner causing hardship to him on account of non-registration of the vehicle in his name. The petitioner has further alleged that on account of deficiency in service, on the part of the respondents, the petitioner has suffered mental agony apart from monetary loss as he could not use the vehicle for want of registration. On these counts he prayed to direct the respondents to submit the correct documents of the vehicle to the District Transport Commissioner, Medak at Sangareddy and to award Rs.16,80,000/- towards monetary loss of Rs.2,00,000/- towards compensation, Rs.1,00,000/- towards damages with costs.
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The respondent no. 1 has filed written version and opposed the case on the grounds, that the petitioner was not only an agriculturist but also a businessman and that he had got the vehicle inspected through the motor vehicle inspector, Medak without notice to respondent no. 1 and approached this Forum with enormous delay after using the vehicle roughly for commercial purpose. The respondent no. 1 has specifically contended that the errors pointed out by the registration authority in the TR papers of the vehicle only occurred on account of a typographical mistake on the invoice and that the petitioner without approaching the respondents, filed the present case with delay of one year to make wrongful gain with false allegations. Respondent no. 1 has prayed for dismissal of the case with costs.
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The written version filed by the respondent nos. 2 and 3 are also on the similar lines with that of the written version of the respondent no. 1 in opposing the petitioner''s claim.
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The District Consumer Disputes Redressal Forum, Medak at Sangareddy (''the District Forum) vide its order dated 22.05.2014 while allowing the complaint observed as under:
The specific defence of the opposite nos.1 to 3 is that the complainant purchased a harvester of 75 HP with 4 Cylinder engine from the opposite party no.2 but by mistake the particulars of it were wrongly noted on the invoice. Therefore, the opposite parties have expressed their readiness and willingness to correct the said typographical mistake...
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