Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(3) Anil Kumar Singh
Member
Date of Order : 28.09.2018
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to pay the amount of Rs. 44,300/-.
- To direct the opposite party to pay Rs. 45,000/- as compensation.
- To direct the opposite parties to pay Rs. 9,000/- as litigation cost.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that he has purchased four piece of tyre amounting to Rs. 35,500/- vide annexure – 1 from opposite party no. 2. After about four months, while the complainant was in journey, one of the tyre burst at the speed of 40 Km/h. Thereafter, the complainant approached the opposite parties and they assured to replace the tyre. From the said shop (opposite party no. 2) the complainant again purchased another tyre after paying Rs. 8,800/- vide annexure – 1/1 on 06.12.2014. In the meantime, another tyre of the said company i.e. opposite party no. 1 again bursts. The complainant again came to the opposite parties and informed about the aforesaid occurrence because the tyre had warranty of one year or upto 70,000 km but the tyre burst during the warranty. The complainant thereafter approached opposite party no. 4 and 5 who have stated to give 50% of the whole amount of the said tyre to the complainant. Despite his repeated request the opposite parties failed to either replace the tyre or refund the price and therefore the complainant has given a legal notice to opposite parties but no reply has been made.
It appears from the record that opposite party no. 1, 2 and 3 have appeared and for the rest opposite parties as the registered notice did not returned unserved hence valid Tamila was declared. When despite allowing several opportunities, the opposite parties did not filed written statement then they were debarred from filing written statement and the case was heard ex – parte.
From record it is crystal clear that the complainant has purchased four tyre from opposite party no. 2 which got burst during warranty period and when the complainant requested to refund the price of the tyre or to replace the same, the opposite parties did not redress the grievance of the complainant despite legal notice.
As there is no counter version of the opposite parties hence we have no option but to accept the fact stated by the complainant on oath which clearly disclose deficiency on the part of opposite parties.
Hence, we direct the opposite parties to refund the price of the aforesaid tyre i.e. Rs. 35,500/- + Rs. 8,800/- = Rs. 44,300/- ( Rs. Forty Four Thousand Three Hundred only) to the complainant within the period of two months from the date of receipt of this order or certified copy of this order failing which opposite parties will pay 10% interest on the above said amount of Rs. 44,300/- ( Rs. Forty Four Thousand Three Hundred only) till its final payment.
Opposite parties are further directed to pay Rs. 10,000/- ( Rs. Ten Thousand only) to the complainant by way of compensation and litigation costs within the period of two months.
Accordingly, this complaint stands allowed to the extent referred above.
Member President
