D.O.F:03/12/2021
D.O.O:10/10/2024
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION KASARAGOD
CC.225/2021
Dated this, the 10th day of October 2024
PRESENT:
SRI.KRISHNAN.K : PRESIDENT
SMT. BEENA. K.G : MEMBER
Anitha M. Nair,
W/o K.V. Sajeev Kumar,
Teacher, ‘Muralika’,
Bandidka, Sankaranpady P.O,
Kasaragod. : Complainant
(Adv: K.V Pavithran & 3 Others)
And
1. Hyundai Motor India Ltd,
Plot No.5,
2nd 6th Floor, Corporate One Baani Buildings,
Delhi – 110025.
(Adv. P. Fazil & 4 Others)
2. Apco Hyundai,
Number 147, Indira Nagar,
Chengala, Kasaragod. 671541 : Opposite Parties
(Adv: K. Shenzad)
ORDER
SRI. KRISHNAN.K : PRESIDENT
The case of the complainant is that complainant purchased a car from the Opposite Party No: 2 the agent of Opposite party No:1. Later registered as KL- 14 X 2232. On September 2020 while travelling from Kasaragod to Kannur driven by husband of complainant, the tyre of the car got flat while changing the tyre it is noticed that the spare tyre provided by Opposite Party is mismatching as it is smaller than the other tyres. The spare tyre has got 155/80 width the other four tyres have got 165/70 width. It is not use full because it is unsuitable if it uses it would effect stability, comfort and performance of the car. On using the spare tyre it caused much difficult. Thus Opposite party provided the spare tyre having defect and not usable which caused mental agony and distress. The complainant is claiming compensation of Rs. 10,000/- and Rs. 5,000/- as for deficiency in service.
The Opposite Party No:1 and2 appeared and filed written version case of Opposite party No: 1 is that there is no cause of action to file the complaint. Opposite Party No: 1 is unnecessary part to the proceedings. If any error/omission the sole responsibility is for dealer. There is no allegation regarding the performance of the car. The car was purchased on 2018 and the complainant is filed on 2021 and it beyond limitations.
The Opposite Party No:2 Filed written version contending that the allegation are baseless and un sustainable . The Opposite Party No:2 says that the intention of spare wheel of different size is that it would enable or compel the same to be used for by normal wheel at the earliest. It is approved by Auto motive Research Association of India (ARAI). The department of scientific and Industrial Research Ministry of science and technology Government of Inida, has recognized Automotive Research Association of India as scientific and Industrial organization (SIRO). ARAI is the prime testing and certification agencies notified by the Government of India Rule 126 of MV Act 1989. It is clearly stated in the owners manual. There is no deficiency in service from Opposite Party No:2 and prayed to dismiss the complaint.
The complainant filed chief affidavit and cross examined as Pw1. Ext A1 to A5 documents marked from his side. The Opposite party No:1 produced documents marked as Ext B1.
Following points arised for consideration in this case:
- Whether spare tyre delivered by Opposite parties defective?
- Whether there is any deficiency in service from Opposite Parties?
- Whether complainant is entitled for any compensation? If for what reliefs?
All points are answered by discussing it together for convenience.
The complainants case is that the spare tyre supplied by Opposite Party is smaller in size and it not use full, while using the spare tyre it causes discomfort and disturbances to the vehicle and its passengers.
The Opposite Parties case admits that the spare tyres are smaller than other four tyre it is approved by the concerned authorities.
The complainant produced Ext A1 document the copy of registration certificate, Ext A2 service book, Ext A3 lawyers notice, Ext A4 receipt issued by Opposite Party No:1 and 2, Ext A5 reply notice send by Opposite Party.
The Car manufactures make spare tyres smaller to save space and reduce weight of the vehicle ultimately helps to improve efficiency of smaller spare tyres are meant for temporary use only. They allow to get to a repair shop without taking up too much room in the trunk or adding unnecessary weight to the vehicle understanding the rationale behind these compact spares can help appreciate their role. The smaller size and weight leads to improving fuel efficiency. Compact spares are cheaper to produce lowering overall vehicle production costs. Spare tyre have evolved to meet changing automotive demands, initially, vehicle carried full size spare tyres which matched regular tyres in preference but increased vehicles weight and which caused for mileage issues. As fuel efficiency and trunk space became priorities, manufacturer introduced compact spares which is approved by authorities. Advanced materials and tyre technology have further refined these designs, making spare tyre more efficient and effective.
Smaller tyre reduces the vehicle weight, which directly improves fuel economy. A lighter vehicle requires less energy to more resulting in better in mileage with environmental and economic pressures, auto makers prioritize weight reduction to meet fuel efficiency standards and other more eco-finally options.
The compact spares contributes to specific safety limitations. This smaller size and tread design lead to reduced transaction and stability, especially in adverse weather conditions. Full sized spares, on the other hand provide the same safely and handling as the regular tyres. Using complaint spares necessitates cautions driving with limited speeds recommended product potential risks.
Considering all aspects of the case there is no deficiency in service in sale of spare tyres smaller in size of other tyres. In the result complaint is dismissed without order as to costs.
Sd/- Sd/-
MEMBER PRESIDENT
Exhibits
A1- Copy of Registration Certificate
A2- Service book
A3- Lawyers Notice,
A4- Postal receipt
A5- Reply Notice send by OP
B1- Specifications and consumer information
Witness Examined
Pw1- Sajeev Kumar. K.V
Sd/- Sd/-
MEMBER PRESIDENT
Forwarded by Order
Ps/ Assistant Registrar
