Haryana

Ambala

CC/253/2017

Maninder Singh - Complainant(s)

Versus

Apollo tyres Ltd - Opp.Party(s)

Avtar Singh

15 Nov 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

       Complaint Case No.  : 253 of 2017

        Date of Institution    : 24.07.2017

          Date of Decision      : 15.11.2018

 

Maninder Singh son of Sh.Arjan Singh aged about village Barnala Tehsil & District Ambala.

                                                                                      ……Complainant.

Versus

 

1. Apollo Tyres Ltd. 3^rd floor Areekal Mansion, Panampilly Nagar, Kochi, India-682036.
2. Apollo Tyres Ltd. Plot No.22, Jaggi Colony, G.T.Road, Ambala City, Ambala 134001.
3. Aggarwal Sales, S.C.F. 439, New Motor Market, Manimajra (U.T)-160101.
4. M/s Pindi Tyres 63-64 Haryana Motor Market, Ambala City-134001.

 

……Opposite Parties.

 

Complaint Under Section 12 of the Consumer Protection Act.

 

BEFORE:   SH.D.N.ARORA, PRESIDENT.

                   SH.PUSHPENDER KUMAR, MEMBER.

                   DR.SUSHMA GARG, MEMBER.

         

Present:       Sh. Avtar Singh Turka, Gupta, Adv. for complainant.

                   OP Nos. 1, 2 & 4 exparte.

                   Sh.Kamal Dhiman, Adv. for OP No.3.

 

ORDER

 

                   The complainant has filed the present complaint against the OPs with the averments that he had purchased a tyre tube for JCB make Apollo code RTC4RFLON1A01 Flap size 16.9-28 12PR Y LON- D Serial No.U2156042915 from OP No.3 for a sum of Rs.30,000/- on 02.10.2015 vide bill No.877. At the time of purchase Op No.3 assured that the tyre is of good quality with two years warranty qua manufacturing defect. In the month of May the tyre had become defective all of a sudden, therefore, the complainant immediately contacted OP No.4 being dealer of Op Nos. 1 & 2 who after inspection intimated that the defect is genuine in nature. The OP No.4 prepared a docket No.1630342 dated 17.05.2017 regarding change of tyre and assured that the tyre and tube would be changed in few days but the OP No. 1 & 2 rejected the claim.  The complainant requested the OPs to change the same but to no avail. The act and conduct of the Ops clearly amounts to deficiency in service. In evidence, the complainant has tendered affidavit Annexure CA and documents Annexure C1 to Annexure C13.

2.                          On notice OP Nos. 1,2 and 3 filed their separate replies. Op Nos. 1 & 2 in their joint reply have submitted that the cause of damage in the tyre was due to Rim Digging and not due to manufacturing defect and the rejection letter is based on the inspection reports submitted by the experts deployed by OP Nos. 1 & 2 and the inspection was carried out as per guidelines issued in (ITTAC’s Tyre Condition Analysis Guide). There is no compliance of Section 13 (1) (c) of Consumer Protection Act as the complainant has never produced any report from any recognized laboratory qua defect in the tyre and tube.  Other contentions have been controverted and prayer for dismissal of the complaint has been made. During the pendency of the complaint OP Nos. 1 & 2 did not appear, therefore, they were proceeded against expate  on 26.10.2018.

                   Op No.3 in its reply has taken preliminary objections such as maintainability, cause of action and locus standi. All other contentions have been controverted and prayer for dismissal of the complaint has been made. Op No.4 did not appear before the Fourm as the summons were sent through registered post, therefore, he was proceeded against exparte vide order dated 27.09.2017. Appeared OPs in evidence have tendered affidavit Annexure RA.

3.                 We have heard learned counsels for the parties and gone through the material available on the case file.

4.                 Purchasing of tyre & tube by the complainant from Op No.3 is not disputed as is evidence through invoice Annexure C1. Admittedly, the complainant was having issue with tyre and tube and he was approached the Op No.3 who issued complaint docket Annexure C2. Perusal of Annexure C3 i.e. rejection letter reveals that there was no manufacturing defect/tube/flap and the cause of failure was due to Rim Digging and the claim was not covered under customer friendly claim policy. In order to counter the rejection letter qua the reasons for defect mentioned therein the complainant moved an application under Section 13 (1) (c) for inspection of the product which was allowed by this Forum on 15.05.2018 and  it was ordered that the tyre in question would be inspected through Government Laboratory The Rubber Research Institute of India, Rubber Board, Ministry of Commerce & Industry of India Rubber Board P.O. Kottayam, Kerla  to be sent at own responsibility but the complainant did not send the same to the concerned laboratory for getting it inspected despite availing ample opportunities.  It is strange that on one hand the complainant is claiming that there was manufacturing defect in the tyre/tube and when the manufacturer in letter Annexure C3 has clarified that the cause of damage to the tyre/tube was due to Rim Digging and it cannot be termed as  a  manufacturing defect, therefore, the burden lies on the complainant to counter the said report but the complainant has failed to send the product in question to the laboratory appointed by this Forum vide order dated 15.05.2018, therefore, this Forum has left with no other option but to believe the rejection letter Annexure C3.  The complainant has failed to lead any evidence to show that the rejection was made due to ill-will and intentionally rather the act and conduct of the OPs reveals that all the acts were done in impartial manner, therefore, the complainant cannot claim that there was manufacturing defect in the tyre/tube. There is nothing on the file to show that the OPs were deficient in providing service to the complainant, therefore, the complaint is dismissed with no order as to costs. Copies of the order be sent of parties concerned as per rule. File be consigned to record room after due compliance.

 

Announced on: 15.11.2018                                    (D.N.ARORA)

                                                                                PRESIDENT

 

(PUSHPENDER KUMAR)        (DR.SUSHMA GARG)

          MEMBER                               MEMBER