Date of filing: 6-10-08.

                                                                                Date of order: 24-12-08.

 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                                            CC.189/08

                                    Dated this, the 24^th day of December 2008

PRESENT

SRI.K.T.SIDHIQ                                            : PRESIDENT

SMT.P.RAMADEVI                                                : MEMBER

SMT.P.P.SHYMALADEVI                          : MEMBER

P.K.Gopi,

S/o.Kuttappan Asari,                                   } Complainant

Puliyannurkattil House,

Po.Manimoola, Bendadukka,

Kasaragod.

ACE Motors Pvt.Ltd,

Arrangadi, Po.Kanhangad South,                      } Opposite party

Pin: 671346.

                                                            O R D E R

SRI.K.T.SIDHIQ, PRESIDENT

            Complainant purchased a new PIAGGIO APE Autorikshaw worth Rs.1,33,600/- from opposite party.  But the spare tyre was not supplied to him due to shortage in supply and the complainant was directed to collect the spare tyre after 4 days.  Even though complainant thereafter has approached opposite party 4 times for the spare tyre it was not supplied. Hence the complaint.     

2.            Opposite party filed their version.  According to opposite party due to shortage supply from the company the spare tyre was not supplied to complainant and he was asked to come after 4 days.  But the complainant came after 4 days without warranty manual.  Hence the tyre was not supplied.  Opposite party is ready to supply the tyre if complainant approaches them with warranty manual.

3.         Exts A1 & A2 marked on the side of the complainant.  Ext.B1 marked on the side of opposite party.  Both sides heard and documents perused.

4.         After realisation of full consideration for the vehicle that includes the cost of spare tyre it was the duty of the opposite party to deliver the spare tyre at the time of delivery  of the vehicle itself.  But it was not supplied due to short supply, if so when sufficient stock was available it was the duty and  the liability of the opposite party  to provide the spare tyre to  the customer at his premises without causing him further inconvenience.  Actually they should have apologised the consumer for the inconvenience caused to him due to the non-supply of sapre tyre.  That was not done.  But the consumer was sent back for want of warranty manual.  There was nothing to prevent the opposite party from delivery of the spare tyre at the customer’s premises and endorse the same on the warranty manual If they were bothered about the customer care services.  The non delivery of the spare tyre at the time of delivery of the vehicle and the non supply of the tyre when the consumer demanded from the shop of the opposite party are deficient nature of services of the opposite party.

            Therefore opposite party is directed to deliver the spare tyre within 30 days from the date of receipt of copy of order at the customer’s premises.  Opposite party also directed to pay Rs.1000/- towards the cost of these proceedings.

    Sd/-                                                   Sd/-                                     Sd/-

MEMBER                                           MEMBER                               PRESIDENT

Exts.

A1. Photocopy of RC

A2. Photocopy of Ownership Record & Data

B1.photocopy of Vehicle Despatch Truck Inspection(Check)List.

      Sd/-                                                  Sd/-                                   Sd/-

MEMBER                                           MEMBER                               PRESIDENT

                                                                        Forwarded by Order

                                                                SENIOR SUPERINTENDENT

Pj/