DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MANSA.

Complaint No.10/10.01.2012

Decided on : 12.04.2012

Sh.Gurwinder Singh S/o Sh.Manohar Singh S/o Sh.Kapoor Singh, resident of Bahia Street, One-Way Traffic Road, Mansa.

..... Complainant.

VERSUS

M/s Monga Tyres Pvt.Ltd., (Wheels N Fun), G.T.Road, Opposite Hero Cycle, Ludhiana through its Director/Managing Director or other competent authority.

..... Opposite Party.

Complaint under Section 12 of the Consumer Protection Act, 1986.

.....

Present: Sh.Tarvinder Singh Sidhu, Advocate counsel for complainant.

Opposite Party Exparte.

Before: Sh.S.D.Sharma, President.

Smt.Neena Rani Gupta, Member.

Sh.Shiv Pal Bansal, Member.

ORDER BY:-

Sh.S.D.Sharma, President

Gurwinder Singh, complainant (hereinafter referred as to CC for short), has preferred the present complaint against the Opposite party (hereinafter referred as to OP for short) on the ground, that CC purchased four Radial Tyres (195/55/15) from OP for his car and paid Rs.16,800/-. It is averred in the complaint, that those tyres were manufactured by Apollo

Tyres India Limited. It is further alleged, that after its purchase the CC observed, that out of four tyres, two tyres started bubbling while driving. The CC immediately brought this fact to the knowledge of the OP, who rather suggested the CC, that after some use the bubbling will stop. OP also assured, that the Apollo tyres India Limited is a famous company of India and tyres are manufactured as per the road condition of the country. The CC got assured and returned. CC further noticed the bubbling in the tyres which has increased while driving. CC even found, that the speed of the vehicle and average use of oil had reduced. CC got the tyres examined from a local mechanic, who checked the tyres and observed, that lower mileage and the speed of the vehicle is being effected due to these two defective tyres. CC called the photographer and took the photographs of the defective tyres. Despite the request of CC, OP refused to replace the tyres. It is alleged, that cause of action arose to the CC on 23.4.2011 when CC detected the defect in the tyres.

Thus alleging 'deficiency in service' on the part of the OP, CC seeks following reliefs against the OP:

(i) OP be directed to replace the defective tyres with the new one of the same company and pay Rs.25,000/- as compensation alongwith litigation expenses.

Complaint of CC is duly verified and signed by the complainant.

2. In reply a number of preliminary objections have been raised by the OP on the point of maintainability of the complaint. It is in the preliminary objections, that this Forum has no jurisdiction to entertain the present complaint, as tyres were purchased from Ludhiana. Further averments of the complaint are denied. The OP has plainly denied the case of the CC and has prayed for dismissal of the complaint. However, it is noticed, that the reply is not signed by any Proprietor/Partner or authorized person of the OP.

3. The CC in support of his case has tendered into evidence Ext. C-1 to C-13, which includes his own affidavit.

The OP has failed to contest the complaint of the CC and has preferred to remain exparte. It is pertinent to mention here that during the pendency of the complaint, one representative of the OP appeared and did not move any application to implead the Apollo Tyres India Limited as necessary party.

As the entire evidence of the CC is uncontested and unrebutted, in that event, we have no alternate except to believe the complaint of the CC.

4. The CC in support of his complaint has tendered into evidence bill Ext.C-1 which proves, that CC purchased four Radial Apollo Tyres by

paying an amount of Rs.16,800/-. Further the CC has tendered into evidence Ext.C-2, registration certificate of his car, copies of photographs Ext.C-4 to C-12 and in support of his complaint, CC has tendered into evidence his detailed affidavit Ext.C-13. As the entire evidence of the CC is unrebutted and confidence inspiring, we feel, that the deficiency in service on the part of the OP is writ large.

It is proved on the file, that at the time of purchase of tyres, two tyres out of four were defective. It is also proved on file, that due to defect in two tyres purchased from the OP, the speed of the car also got effected, as well as while driving, consumption of oil also got effected.

5. In view of our above discussion, we allow the present complaint and order the OP i.e. Monga Tyres Pvt. Ltd., Ludhiana through its Director/Managing Director to refund the amount of Rs.8,400/- to the CC (price of two tyres) alongwith interest @ 9% p.a. from the date of filing of this complaint. We further order the OP to pay consolidated amount of compensation to the tune of Rs.2,000/- to the CC.

Compliance of the order be made by the OP, within 30 days from the date of receipt of the copy of the order.

Let the copy of the order be supplied to the parties free of charge. The concerned Clerk of this Forum is directed to send the copies to the parties immediately. We consign the record strictly in accordance with the rules.

Pronounced:

12.04.2012

Shiv Pal Bansal, Neena Rani Gupta, S.D.Sharma,

Member. Member. President.