Help me in consumer protection act

MAHENDRA (Querist) 04 July 2021 This query is : Resolved
Dear sir, I had purchased one combined tractor mounted crop cutting harvester from John Deere showroom. Tractor is basically from "John Deere' company and Harvester box is from "Panesar company'. I started making complaints 10day's after I brought the machine.Mainly I had problem with harvester box which is got Poor material quality and not providing any servicing neither by dealer nor by harvester company. Panesar is also an "ISO 9001:2015 certified company.They never providing me single repair (servicing) nor responding to my complaints. I had complained to the John Deere company about the product their dealer sold to me but John Deere' backed them instead of taking action against them. I had complained to the Showroom Dealer,John Deere and Panesar company many times via phone and mail's. After 6 months now they are talking about the warranty which my harvester doesn't cover under warranty as my warranty was expired.Now they are telling they can't provide any free service if I want any Service I have to pay for it.I could not bear the fact that their machine caused me a lot of damage financially. Sir can I get compensation in this regard?

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Quick Summary

A customer purchased a combined tractor and harvester, but the harvester, manufactured by Panesar, proved to be of poor material quality and received no servicing. Despite repeated complaints to the dealer, John Deere, and Panesar company during the warranty period, no action was taken. Now, outside of warranty, they are being told any service will incur a cost. The customer is seeking advice on using the Consumer Protection Act to get compensation for financial damages and defective goods.

T. Kalaiselvan, Advocate (Expert) 04 July 2021
You may first issue proper legal notice demanding the replacement of the defective product.
If their reply is not satisfactory, you may drag them to the consumer court for relief and remedy including compensation for your mental woes

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Advocate Bhartesh goyal (Expert) 04 July 2021
Issue notice to dealer of John Deere ,John Deere company and Panesar company as they supplied you defective machine (crop cutting harvester ) and not provided their services to remove the defect inspite of repeated complaints to them during warranty period and demand to replace immediately .Such act of them comes under the purview of deficiency of their services as well as unfair trade practice.If your notice is not complied with then file complaint before District Consumer Forum and claim replacement of defective product and compensation towards mental and physical agoney caused to you.

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Dr J C Vashista (Expert) 04 July 2021
You may file a consumer dispute before competent commission through a local prudent lawyer.
Notice will hardly fetch any positive result except wastage of time, efforts and money.

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kavksatyanarayana (Expert) 04 July 2021
Agreed with the above learned expert's views.

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