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M/s. Sabita Automobiles Prop. Sudip Rudra v/s Dilip Kumar Sarkar & Another


Company & Directors' Information:- N E C C AUTOMOBILES PRIVATE LIMITED [Active] CIN = U74899DL1991PTC043600

Company & Directors' Information:- C M AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50300CH2005PTC028233

Company & Directors' Information:- J P M AUTOMOBILES LIMITED [Active] CIN = U74899DL1995PLC068910

Company & Directors' Information:- K N AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50404OR2013PTC016730

Company & Directors' Information:- J AND K AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50401JK2004PTC002447

Company & Directors' Information:- K. S. AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50300RJ2009PTC028204

Company & Directors' Information:- K N R AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50300WB2006PTC111199

Company & Directors' Information:- K P AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50404JH2012PTC000824

Company & Directors' Information:- Y J AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50401MP2013PTC031920

Company & Directors' Information:- N S AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50102MH2012PTC226814

Company & Directors' Information:- S K S AUTOMOBILES INDIA PRIVATE LIMITED [Strike Off] CIN = U50100TZ2009PTC014979

Company & Directors' Information:- RUDRA AUTOMOBILES PVT LTD. [Active] CIN = U34300WB1989PTC046827

Company & Directors' Information:- J D AUTOMOBILES PVT. LTD. [Strike Off] CIN = U34300WB1987PTC042066

Company & Directors' Information:- B K AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50200AP2009PTC064484

Company & Directors' Information:- N. K. AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50102GJ2006PTC049307

Company & Directors' Information:- G M S AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50101DL1997PTC089284

Company & Directors' Information:- N U AUTOMOBILES PVT LTD [Active] CIN = U74899DL1982PTC013126

Company & Directors' Information:- D K AUTOMOBILES PRIVATE LIMITED [Active] CIN = U29246CH1989PTC009607

Company & Directors' Information:- K Y AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50400JK2021PTC012549

Company & Directors' Information:- A K AUTOMOBILES LIMITED [Amalgamated] CIN = U34100WB1984PLC038001

Company & Directors' Information:- A AND S AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U51103DL1997PTC085147

Company & Directors' Information:- M. H. AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50200HP2015PTC000946

Company & Directors' Information:- R. K. AUTOMOBILES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC071719

Company & Directors' Information:- R. J. AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50100BR2020PTC047409

Company & Directors' Information:- M R AUTOMOBILES (INDIA) PRIVATE LIMITED [Active] CIN = U34300DL1998PTC094488

Company & Directors' Information:- V. M. AUTOMOBILES PRIVATE LIMITED [Active] CIN = U35911UP1995PTC018136

Company & Directors' Information:- P D AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50400RJ2021PTC074633

Company & Directors' Information:- A R AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U50404PY2011PTC002555

Company & Directors' Information:- K P V AUTOMOBILES PVT LTD [Active] CIN = U50300KL1991PTC006035

Company & Directors' Information:- J B S AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U34101OR2005PTC008397

Company & Directors' Information:- S. N. S. AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50500WB2018PTC224868

Company & Directors' Information:- M P AUTOMOBILES PVT LTD [Strike Off] CIN = U50404MP1957PTC000842

Company & Directors' Information:- G. E. AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50400DL2018PTC341171

Company & Directors' Information:- P K AUTOMOBILES PVT LTD [Strike Off] CIN = U50300UP1979PTC004841

Company & Directors' Information:- P L AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50300RJ2014PTC046516

Company & Directors' Information:- S G K R AUTOMOBILES PRIVATE LIMITED [Active] CIN = U60210TN1960PTC004283

Company & Directors' Information:- N R AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U50400MH2014PTC255882

Company & Directors' Information:- S. N. J. AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50400MH2017PTC299238

Company & Directors' Information:- M R K AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U50102UP2011PTC045868

Company & Directors' Information:- I B AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U29253DL2008PTC172205

Company & Directors' Information:- T K AUTOMOBILES PRIVATE LIMITED [Active] CIN = U74899DL1984PTC017940

Company & Directors' Information:- V R AUTOMOBILES PRIVATE LIMITED [Active] CIN = U34200DL2007PTC170076

Company & Directors' Information:- K T AUTOMOBILES PVT LTD [Strike Off] CIN = U99999UP1959PTC002730

Company & Directors' Information:- M B AUTOMOBILES PVT LTD [Strike Off] CIN = U35923WB1966PTC026743

Company & Directors' Information:- B M AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U50200DL2007PTC162611

Company & Directors' Information:- H A AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U34102DL2007PTC163030

Company & Directors' Information:- P A AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U34101DL2007PTC161483

Company & Directors' Information:- K G AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U34200DL2007PTC162859

Company & Directors' Information:- P R AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U34201DL2007PTC161053

Company & Directors' Information:- KUMAR AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U50404DL1978PTC009146

Company & Directors' Information:- RUDRA AND CO PVT LTD [Strike Off] CIN = U51109WB1954PTC021592

Company & Directors' Information:- AUTOMOBILES PVT. LTD. [Strike Off] CIN = U99999DL2000PTC000916

    Revision Petition No. 902 of 2018

    Decided On, 28 August 2018

    At, National Consumer Disputes Redressal Commission NCDRC

    By, THE HONOURABLE MR. JUSTICE V.K. JAIN
    By, PRESIDING MEMBER

    For the Petitioner: Dibyanshu Pandey, Advocate. For the Respondents: R1, Amin Safique Molla, R2, Rahul Sharma, Advocates.



Judgment Text

Oral:

The complainants placed an order with the petitioner for purchase of a new Holland Tractor model no. 3600-2. The tractor delivered to him however, was model no. 4710 of 47 HP. The complainants wanted replacement of the tractor and that having not been done, he approached the concerned District Forum by way of a consumer complaint. It would also be pertinent to note here that after purchase of the tractor, the complainants also purchased an equipment from the petitioner. The cheque which the complainant issued towards the price of the equipment, was dishonoured when presented to the bank and a criminal complaint u/s 138 of Negotiable Instruments Act was therefore, filed against him. The consumer complaint was resisted by the petitioner primarily on the ground that though the complainants had initially booked model no. 3600-2 of 51 HP, he later on changed his mind and wanted a lower model bearing no. 4710 of 47 HP and that is why tractor no. 4710 was delivered to him.

2. The District Forum having dismissed the complaint, the complainant approached the concerned State Commission by way of an appeal. Vide impugned order dated 22.11.2017, the State Commission allowed the appeal and directed the petitioner to return the money which it had received from the complainant. Being aggrieved, the petitioner is before this Commission.

3. The only question in this petition is as to whether the complainant had willingly purchased model no. 4710 or he was deceived by the petitioner by delivering the same against an order for model no. 3600-2.

4. The petitioner has placed on record a copy of the invoice issued at the time of sale of the tractor to the complainant. The said invoice bears model no. 4710, HP 47 in the column meant for description of the goods. The invoice is dated 31.10.2011. The learned counsel for the petitioner states that delivery of the tractor is given in advance and the invoice is issued at a later date when the finance is arranged by the purchaser through the bank. That seems to be a reason why the invoice mentions the name of Union Bank of India as the financer and the name of the complainant as the buyer (borrower). The petitioner has placed on record the delivery challan in which the model number of the tractor is recorded as 4740, in the column meant for description of the goods. The delivery challan is also signed by the complainant. His signatures on the delivery challan appear in English indicate that he is not illiterate and is somewhat educated. The photograph of the tractor filed by the petitioner today in the Court also shows that model no. is clearly printed on the tractor itself. Therefore, it is obvious that at the time of taking delivery of the tractor itself, the complainant was fully aware that he was taking delivery of model no. 4710 and not of model no. 3600-2. The affidavit which the petitioner has filed in compliance of the order of this Commission dated 30.05.2018 would show that the price of model no. 3600-2 was Rs.6,50,072/- whereas the price of model no.4710 of 47 HP was Rs.5,99,592/-. It therefore, appears that considering the cost difference, the complainant later on changed his mind and opted for model no. 4710 instead of model no. 3600-2. The complainant having taken delivery of model no. 4710, opted by him on or before the time of taking delivery, it cannot be said that he was

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hoodwinked by the petitioner and model no. 4710 was delivered to him in place of model no. 3600-2. 5. For the reasons stated hereinabove, the impugned order passed by the State Commission cannot be sustained and the same is accordingly set aside. The consumer complaint is consequently dismissed with no order as to costs. The revision petition stands disposed of.
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