By. Sri. Jose. V. Thannikode, President:
The complaint is filed under section 12 of the Consumer Protection Act against the opposite parties to replace the defective tyre and to pay cost and compensation.
2. Brief of the complaint:- The complainant purchased one tubeless tyre from the opposite party No.1 for his scooter for Rs.1,350/-. When it was using it was noticed that air of the tyre was leaking and it is also get punchure. When it was removed from the workshop it was noticed one big hole inside tyre and threat also seen and since it was useless the complainant forced to buy a new tyre. When this matter was intimated to the opposite party No.1, opposite party No.1 suggested to send the tyre to the opposite party No.2 for claim. Then it was send to opposite party No.2 and they rejected the claim stating that there is no manufacturing defect.
3. The complainant further stated that he is the collection Executive of MGB foot wear company and due to the defects of the tyre he lost somany days of work and caused much difficulty, losses, hardship and mental agony also. Hence filed this complaint before this Forum to replace the defective tyre with cost and compensation.
4. Notices were served to opposite parties and they entered in appearance but denied all the allegations and further stated that there is no manufacturing defects in the tyre and if any manufacturing defects it is to be proved by an Expert and submitted that they have not done any unfair trade practice and deficiency of service. Hence prayed to dismiss the complaint with compensatory cost to the opposite parties.
5. Complainant filed proof affidavit and stated as stated in the complaint and Ext.A1 to A3 documents were marked. Ext.A1 is the Bill for the tyre dated 12.10.2015 for Rs.1,350/-. Ext.A2 is the Claim forwarding docket to the opposite party. Ext.A3 is the Inspection Report, rejection advice given by the opposite party No.2 stating that “we have thoroughly inspected the subject item on 14.12.2015 and our inspection revealed that the same was damaged as a result of the the tyre is repaired/retreaded tyre. This is not due to any manufacturing defect of the product. We regret that the claim on the above item is not accepted and therefore you are requested to make arrangements to collect the same from M/s. Mathekkal Tyres within 7 days from the date of receipt of this letter”.
6. On considering the complaint, version, documents and evidence the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service or unfair trade practice from the
part of opposite parties?
2. Relief and Cost.
7. Point No.1:- Anyway the purchase and entrustment of tyre for inspection and replace is admitted by the opposite parties but the manufacturing defects is not proved by an Expert. It is also to be noticed that the said tyre was used for two months without any complaint. The opposite party stated that the tyre is repaired by the complainant. The complainant admitted it in the evidence. More over, the complainant not proved the manufacturing defect of the tyre by taking Expert opinion. Hence the deficiency of service and unfair trade practice is not proved against the opposite parties. Hence we found no merit in the complaint. The Point No.1 is found accordingly.
8. Point No.2:- Since the Point No.1 is found against the complainant, there is no order as to relief and cost.
In the result, the complaint is dismissed. No Order as to Cost and Compensation.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 28th day of July 2016.
Date of Filing: 19.01.2016.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:-
PW1. Pradeep. Marketing Field.
Witness for the Opposite Parties:-
OPW1. Sanoop. C. W. Technical Service Engineer, MRF Limited, Kozhikode.
Exhibits for the complainant:
A1. Cash Bill. Dt:12.10.2015.
A2. Claim Forwarding Docket. Dt:11.12.2015.
A3. Inspection Report-rejection Advice. Dt:14.12.2015.
Exhibits for the opposite parties:-
Nil
Sd/-
PRESIDENT, CDRF, WAYANAD.
a/-
