KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM.

APPEAL No. 236/2010

JUDGMENT DATED:25-05-2010

PRESENT:

JUSTICE SHRI. K.R. UDAYABHANU    :   PRESIDENT

SHRI. M.K. ABDULLA SONA                  :  MEMBER

MRF Ltd, 1/135-D, Kevi Ware House,

Varakkal Temple Road, West Hill,

Calicut, R/by Technical Service-              : APPELLANT

Engineer/Power of Attorney Holder,

 Sirish Anand.M.A.

(By Adv:Smt.Jayasree Manoj)

          Vs.

1.Rogee Mukkada,

  S/o Dr.George Mukkada,

  Industrial Estate Road,

  Manjeri, Malappuram District

                                                                   : RESPONDENTS

2.Malabar Auto and General Agencies,

  Court Road, Manjeru,

  Malappuram District.

JUDGMENT

JUSTICE SHRI. K.R. UDAYABHANU    :   PRESIDENT

The appellant is the opposite party/Tyre manufacturers who are under orders to pay a sum of Rs.3,700/- which was the cost of the tyre with interest at 6% from the date of complaint and to pay Rs.1,000/- as cost.

2. It is the case of the complainant that he purchased 4 Radial Gypsy Jeep tyres from the dealer on 17/2/2006 for his Bolero Jeep.  Soon after he started the journey after running about 20 Kms the right tyre burst with a loud noise.  The opposite party refused to admit that it was on account of the manufacturing defect.  This allegation that is tyre is deficient in quality and workmanship.

3.  The opposite parties resisted the complainant and filed version.

4. The evidence adduced consisted of the proof affidavits and Ext.A1 to A7, C1 and C2.

5. The Forum had relied on the report of the Advocate Commissioner ie, Ext.C1.  On objection filed by the appellants on Ext.C1 the tyre was sent to the rubber Research Institute of Indian at Kottayam.  Ext.C2 is the report of the above institution.  The Forum has noted that Ext.C2 is only a physical evaluation report.

6. It is the case of the appellant that the Forum ought to have relied on Ext.C2.

7. On a perusal of Ext.C2 report the copy of which was submitted by the Counsel for the appellant we find that it is too cryptic a report and has nothing scientific about it.  The Counsel for the appellant has sought for an opportunity to get a proper report.

8. In the circumstances, the order of the Forum is set aside on condition that the appellant will pay a sum of Rs. 2,000/- to the complainant towards costs.  The expenses for remitting Ext.C2 report is also be borne by the appellant.  The Forum will permit the parties to adduce further evidence, if they so desire.  The matter stands posted before the Forum on 15-07-2010.  The Forum will issue notice to the complainant.

The office will forward a copy of this order to the Forum urgently.

JUSTICE K.R. UDAYABHANU:  PRESIDENT

V/L

M.K. ABDULLA SONA :  MEMBER