The petitioner's case is as follows:

The petitioner is the registered owner of a Mahindra Pick Up Van, bearing registration No.KL-5/W-3863. A tyre of the said van was entrusted for re-threading to the opposite party's company, Vadakkekunnel Tyres Pvt. Ltd. The said type was a '700 *16 Appolo Make Tyre' bearing under C 175267 MAR 06'. This tyre was taken by a worker of the opposite party on 2.11.06 and on 4.11.06 the same person brought it back after rethreading. The petitioner gave Rs.1350/- as the charge of rethreading on 4.11.06 itself. Subsequently the petitioner found that the disc of the tyre was changed and he took the tyre along with tube and disc to opposite party. The opposite party admitted that the disc of the tyre was changed and assured the petitioner that he would return back the tyre with its original disc immediately. But till now the tyre is not returned. Hence the petitioner filed this petition praying to pass an order directing the opposite party to refund the cost of the tyre Rs.7300/- and to pay Rs.5000/- as compensation.

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Notice to opposite party returned unclaimed. So opposite party was set expartee.

Points for determination are:-

1. Whether there is any deficiency in service or unfair trade

   practice on the part of opposite party.

2. Reliefs and costs.

Evidence consists of affidavit filed by the petitioner and exhibit A1 and A2.

Point No.1.

The petitioner produced the cash bill dated 2.11.06 and an order form dated 4.11.06 of opposite parties. They are marked as exhibits A1 and A2. From Exts.A1 & A2 it is clear that tyre was given to the opposite party for rethreading on 2.11.06 and Rs.1350/- was received by the opposite party on 4.11.06 as the charge for rethreading the tyre. As the opposite party remained absent and failed to adduce any evidence the averments of the petitioner remain unchallenged. The petitioner averred that after rethreading the disc of the tyre was changed and he could not ply his vehicle using the said tyre. The petitioner further averred that the opposite party took back the tyre along with tube and disc but failed to return the tyre with its original disc. The petitioner next averred that the opposite party did not heed to his repeated demands for the original tyre. As we are constrained to rely upon the evidence adduced by the petitioner, we hold the opposite party deficient in service. Point No.1 is found accordingly.

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Point No.2.

In view of the findings in point No.1. The petition is allowed and the petitioner is entitled for the reliefs sought for.

The opposite party is ordered to return the 700*. 16 Appolo Make Tyre' bearing number 'C 175267 MAR 06' to the petitioner. If the opposite party fails to return the above said tyre, the opposite party is directed to pay Rs.7300/- to the petitioner as the cost of tyre. The opposite party will also pay Rs.1000/- as compensation to the petitioner.

This order shall be complied with within 30 days of receipt of this order.