Complainant Amarjit Singh has filed the present complaint U/S 12 of the Consumer Protection Act (for short, C.P.Act.) for the issuance of the necessary directions to the opposite parties to pay Rs.8700/- as costs of tyres and Rs.50,000/- as damages and mental harassment due to negligence, carelessness and deficiency in service on the part of the opposite parties alongwith Rs.25,000/- as litigation expenses.

2.       The case of the complainant in brief is that he brought his vehicle i.e. Ertiga (VDI) bearing Registration No.PB-06W-2716 for service with the opposite party no.3 on or about 21.6.2014 and the opposite party no.3 suggested for Wheel Alignment etc and got the service of his vehicle done including wheel alignment and paid Rs.6164/- vide Cash Memo dated 21.6.2014. He has further pleaded that on 22.6.2014, he went to Chandigarh with his family and the vehicle repaired by the opposite party no.3 started babbling/vibration in tyres and he was harassed due to the defects in the tyres with the result that both the front tyres of the vehicle have become damaged whose market value is Rs.10,000/-. He moved complaint with the opposite parties but they refused to accept his complaint online vide complaint no.419134 on 23.6.2014 but the opposite parties did not care about it. He is employed as B.V.S.C., A.H. Veterinary Officer, Class-I Officer in Veterinary Department, Punjab and belongs to a respectable family. He served  a notice dated 27.6.2014 but the opposite parties did not give any reply and thereafter he got the vehicle repaired and changed the tyres of the vehicle from M/s.Singhson Tyres, S.C.F. 5, Shastri Nagar, Jalandhar Road, Batala and paid a sum of Rs.8700/- vide bill no.22153 dated 9.8.2014. Due to the above mentioned acts, there is a deficiency in service on the part of the opposite parties. Hence this complaint.

3.       Notice of the complaint was issued to opposite parties but they did not appear in the Forum inspite of the service. Therefore, they were proceeded against ex-parte vide order dated 1.1.2015.

4.       In exparte evidence, complainant has tendered his own affidavit Ex.C1, alongwith other documents Ex.C2 to Ex.C8 and closed the evidence.

5.       We have carefully gone through the pleadings of both the parties; arguments advanced by their respective counsels and have also appreciated the evidence produced on record with the valuable assistance of the learned counsels for the purposes of adjudication of the present complaint.

6.       The complainant has pleaded in his complaint that he got the vehicle repaired. He brought his vehicle for service to opposite party no.3 and on the suggestion of opposite party no.3 he also got the wheel alignment done and paid Rs.6164/-. While he was going to Chandigarh on 22.6.2014 he felt bumbling/vibration in tyres and due to this defect in the tyres both of the front tyres were damaged badly. He even lodged online complaint No.419134 on 23.6.2014 but of no use. He even served a notice dated 27.6.2014 but opposite party did not give reply and as such he was compelled to change the tyres from M/s.Singhson Tyres, S.C.F. 5, Shastri Nagar, Jalandhar Road Batala and spent a sum of Rs.8700/- vide bill no.22153 dated 9.8.2014. The complainant has placed on file original bill/invoice no.22153 dated 9.8.2014 vide which he has paid a sum of Rs.8700/- to M/s.Singhson Tyres S.C.F. 5, Shastri Nagar, Jalandhar Road Batala, which proves beyond doubt that the complainant had paid the cost of changed tyres of the vehicle.  His pleading has been supported with his affidavit placed on file as Ex.C1.  The opposite party has failed to file any reply and rebut the allegations leveled in the complaint and thus, has impliedly admitted the claim of the complainant. Accordingly, the present complaint is hereby partly allowed and the opposite party No.3 is directed to pay Rs.8700/- as costs of tyres to the complainant. The opposite party No.3 is further directed to pay to the complainant a sum of Rs.3000/- as consolidated compensation including litigation expenses. Compliance of the order be made within 30 days of the receipt of the copy of the order, failing which the payable amount shall attract interest @ 9% from the date of orders till it is actually paid.

 7.     Copy of the order be communicated to the parties free of charges. After compliance, file be consigned.                                                                                                                                                             

      (Naveen Puri)

                                                                          President   

Announced:                                              (Jagdeep Kaur)       

April 13, 2015                                                    Member                                  

*MK*