Orissa

Kendujhar

56/2014

Prafulla Kumar Mahanta - Complainant(s)

Versus

1. Apollo Tyres Ltd. - Opp.Party(s)

Sri Manoj Mahanta

26 Aug 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KENDUJHAR

CONSUMER COMPLAINT CASE NO. 56 OF 2014

 

Prafulla Kumar Mahanta, 45 yrs.

S/o. Markanda Mahanta,

At/Post- Poipani, P.S- Ghatagaon,

Dist- Keonjhar………………………………………….Complainant

                        Vrs.

1. Apollo Tyres Ltd.

Registered Office- 6^th Floor,

Cherupushpam Buildings,

Shanmugham Road, Kochi-682011

2. Apollo Tyres Ltd.

C/o. Maseshwari Stores, P.O-Barbil,

Dist- Keonjhar, Barbil-758035

3. Kailash Chandra panda,

Authorized Dealer of Apollo Tyres Ltd.

At- Gayatri Mini Market, N.H- 49,

Keionjhar- 758001…………………………………….Op. Parties

 

Present- Sir Akshaya Ku. Purohit, President

                 Smt .B. Giri, Member (W)

                 Sri S.C. Sahoo, Member

 

Advocate for the complainant- Sri Manoj Mahanta & Associate

Advocate for the Op1 & Op2 - Authorised agent

Advocate for the Op3             - Sri Subash Sahoo

 

_____________________________________________________________

Date of Hearing -05.08.2015                          Date of Order - 26.08.2015

_____________________________________________________________

Sri A.K. Purohit, President- The case of the complainant is that, he had purchased two nos. of tyres bearing tyres Nos.T0102891414 and T1300805313, along with tubes for a consideration of Rs.16600/- from the O.P.no. 3 who is an authorized dealer of O.P.No. 1 on dated 16/7/14. After use of 45 days the said tyres were damaged, to which the complainant returned the damaged tyres to the O.P.3 and lodged his complaint by filing the complaint docket forms. The complainant alleges that, although he was assured by the O.Ps. at the time of purchase that the tyres are guaranteed for a period of one year, his claim was not considered by the O.Ps. which is within the guaranty period, for which the complainant sustain loss and injury. Hence the complaint-

In support filed-

1. Original Consumer Invoice dt.16.7.2014

2. Complaint Docket- 2 sheets

3. Rejection letters - 2 sheets

   The O.Ps. have contested the case by filing their version separately. The O.P. 1&2 files their version jointly and O.p.3 files his version separately. The O.P. 1&2 have denied the allegation of the complainant and have averred that the technical service engineer did not find any manufacturing defect in the tyres and the cause of failure is Rim Digging which causes due to low inflation pressure and overload subsequently sitting of the tyres in the rim and damaging. It is also averred that tyre being a rubber product may be defected at any time due to external reasons. According to O.P.3 he had not given any assurance of one year guarantee and he being a dealer he had discharged his duty by sending the purchased goods to the manufacturer for settlement of the claim and hence he is not liable for any claim compensation or cost.

No document filed by Ops. (1, 2, & 3)

    Heard both the parties. The learned advocate for the complainant submitted that, damage of the tires within a very short period of its purchase, i.e. within a period of 45 days amounts to manufacturing defects and the O.Ps. are under obligation to supply defect free goods to the consumer and hence the complainant is entitled to get the relief as prayed for. On the other hand the O.P.1&2 submitted that damage of the tyres depends on air pressure and load factor and hence the tyres are not defective and the damage is due to load factor.

     Perused the materials available on record. It is seen from the consumer invoice filed by the complainant that the complainant had purchased the tyres in question from the authorized dealer O.P.3 vide consumer invoice Sl. No. 11504 dated 16.7.2014 on payment of price. It is also seen that, the complainant has lodged his complaint relating to damage of the tyres vide complaint docket No. 851 dated 11.9.2014 and No.852 dated 30.9.2014. It is also an admitted fact that the O.Ps. have rejected the claim of the complainant. With these pleadings, argument and materials available on record it is believed that, the tyres purchased by the complainant from the O.P.3. was damaged within a period of two months which cannot be said to be a defect free goods. Defect as defined in Sec. 2 (1) (f) of the Consumer Protection Act is, “defect means any fault, imperfection or shortcoming in the quality, quantity, potency, purity, or standard which is required to be maintained by or under any law for the time being in force or under any contract express or implied or as is claimed by the trader in any manner whatsoever in relation to any goods.” Therefore the quality of the tyres cannot be said to be a good quality and is free from any defect. On the other hand the O.Ps. have not produced any evidence to prove their case nor have filed any affidavit evidence of the Technical Service Engineer to prove that the tyres are defect free goods. The O.P 1&2 have admitted that, although the products are not warranted for a period of one year, the manufacturer on the basis of Customer Friendly Policy replace the manufacturing defects products on pro-rata basis. Hence the O.Ps. are under obligation to replace the defective tyres.

    Under the aforesaid discussion and materials available on record the O.Ps. are liable to replace the defective tyres of the complainant.

       Hence order: - The O.ps. are directed to replace the alleged tyres of the complainant with  defect free two new tyres of the same value   within one month from date of receipt of this order. Further Ops.  are directed to pay Rs.2000/- to the complainant towards cost and compensation within the same period.

             Accordingly this case s disposed of.

 

I agree                                          I agree

 

(Sri S.C. Sahoo)                       (Smt. B. Giri)                                (Sri A.K. Purohit)

Member, DCDRF                Member (W), DCDRF                    President, DCDRF

  KEONJHAR                             KEONJHAR                                       KEONJHAR

 

                                                                            Dictated & Corrected by me

                                                                            (Sri A.K. Purohit) PRESIDENT

                                                                                   DCDRF, KEONJHAR