By Sri. Chandran Alachery, Member:-
The complaint is filed under section 12 of the Consumer Protection Act for an order directing the Opposite parties to pay Rs.44,792/- to the Complainant which is paid to the 1st Opposite party with 12% interest and also to pay Rs.50,000/- as compensation and the cost of the proceedings.
2. Complaint in brief:- On 01.09.2014, the Complainant purchased 2 tyres from 1st Opposite party which is manufactured by the 2nd Opposite party company for a sum of Rs.44,792/- for his vehicle KL 12 1456. The 1st Opposite party offered good performance and quality and also promised One Lakh kilometer warranty to the tyres. When the Complainant used the tyres for 30000 kms, both tyres showed bulging on January 2015 and it was unable to use. The Complainant informed this problem to Opposite parties but there was no response. The Complainant could not use the vehicle due to tyre problem from 11.01.2015 to 14.01.2015 and it caused business loss to the Complainant. Thereafter, the Complainant was given a reject letter by the Opposite parties. In the reject letter it is stated that there is fitment damage which caused the damage to the tyres. Accordingly to the Complainant , there is manufacturing defect to the tyres which caused damage. There is unfair trade practice from the part of Opposite parties. Aggrieved by this, the complaint is filed.
3. On receipt of complaint, notices were issued to Opposite parties and 1st Opposite party appeared before the Forum and filed version. 2nd Opposite party did not appear and did not file version and 2nd Opposite party is set exparte. In the version of 1st Opposite party, 1st Opposite party denied all the material allegations in the complaint and stated that on receipt of complaint from the Complainant, the 1st Opposite party forwarded the tyres to 2nd Opposite party who is the manufacturing company. The 2nd Opposite Party rejected the complaint on findings that the damage to the tyres occurred due to “Fitment damage”. This 1st Opposite party not gave any promise to the Complainant. There is no deficiency of service or unfair trade practice from the side of 1st Opposite party.
4. On perusing the complaint and version, the Forum raised the following points for considerations
1. Whether there is deficiency of service and unfair trade practice from the part of
Opposite parties?
2. Relief and cost.
5. Point No.1:- The Complainant filed proof affidavit and is examined as PW1 and documents are marked as Exts.A1 to A3 . The Complainant's witness is examined as PW2. 1st Opposite party submitted that there is no oral evidence. Ext.A1 is the copy of RC, Ext.A2 is the cash invoice and Ext.A3 is the rejection letter from 2nd Opposite party. On perusal, it is found that the 1st Opposite party timely forwarded the damaged tyres to the 2nd Opposite party. As per Ext.A3, the 2nd Opposite Party rejected the complaint of the Complainant stating that there is 'Fitment damage' to the tyres. But 2nd Opposite party did not appear before the Forum and contested the case. It is up to the 2nd Opposite party to deny the case of Complainant. But 2nd Opposite party remained exparte. Even if there is no expert evidence regarding the actual reason for the damage of tyres, the case of the Complainant need not be disbelieved unless and until the 2nd Opposite Party disprove the case. On analysing the entire evidence, the Forum found that there is unfair trade practice and deficiency of service from the part of 2nd Opposite party. Point No.1 is found accordingly.
6. Point No.2:- Since the point No.1 is found in favour of Complainant, The Complainant is entitled to get cost and compensation.
In the result, the complaint is partly allowed and the 2nd Opposite party is directed to pay Rs.44,792/- (Rupees Forty Four thousand Seven hundred and Ninety Two) only to the Complainant being the purchase price of two tyres. The 2nd Opposite party also directed to pay Rs.3,000/- (Rupee Three thousand) only as compensation and Rs.2,000/- (Rupees Two thousand) only as cost of the Proceedings. The Complainant shall return the 2 tyres to the 2nd Opposite party on receipt of the above amounts. The 2nd Opposite Party is directed to pay the above amounts to the Complainant within one month from the date of receipt of this order failing which the Complainant is entitled to get 12% interest for the whole sum.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Forum on this the 12th day of October 2015.
Date of Filing:18.04.2015.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:
PW1. K.P. Noushad. Business.
PW2. Rafeeque. Business.
Witness for the Opposite Parties:
Nil.
Exhibits for the complainant:
A1. Copy of Certificate of Registration.
A2. Bill. dt:01.09.2014.
A3. Rejection Letter.
Exhibits for the opposite Parties.
Nil.
