By. Sri. Jose. V. Thannikode, President:
The complaint is filed under section 12 of the Consumer Protection Act against the opposite party to resole the tyre or to pay the price of resole and to pay cost and compensation due to the improper resoling of the tyre.
2. Brief of the complaint:- The complainant entrusted four tyres of his vehicle bearing No. KL 12 E 1626 Maruti Alto Lxi to the opposite party for resoling before some months and the opposite party has resoled and given back. But before using ¼ of the term resoled two tyres rubber is damaged. So the complainant could not ply the vehicle with this tyres. Already the fare of the resole Rs.4,400/- were paid to the opposite party at the time of resole. The matter was intimated to opposite party directly. Then the opposite party stated that resole work was done by his labour one Madhavan and now the unit was leased out to one M.A. Binesh, S/o. Alias, Nambichan Kudiyil House, Chulliyode Post and told that now the opposite party cannot resole the damaged tyre and when the complainant again requested the opposite party said that he will resole the tyre of the complainant if the complainant pay Rs.2,800/-. The complainant further stated that it is a deficiency of service and it is told that the opposite party's firm is usually practice the unfair trade practice. Hence prayed before the Forum to direct the opposite party to resole the damaged tyre or to pay the fare of the resole and to pay Rs.10,000/- as compensation and Rs.5,000/- as cost of the proceedings.
3. Notice were served to opposite party on 06.08.2015 and opposite party not appeared before the Forum and not filed version. Hence he is set ex-parte.
4. Complainant filed proof affidavit and stated as stated in the complaint and he is examined as PW1 and Ext.A1 to A3 is marked. Ext.A1 is the bill issued by the opposite party to the complainant for Rs.4,400/- dated 05.03.2015. Ext.A2 is the photocopy of the RC of the vehicle bearing No. KL 12 E 1626 owned by the complainant. Ext.A3 is the copy of Aadhaar Card of complainant.
5. On perusal of complaint and documents the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service or unfair trade practice from the
side of opposite party?
2. Relief and cost.
6. Point No.1 & 2:- Since the opposite party is ex-parte all the allegation leveled against the opposite party can be believed in toto and we opine that it is clear deficiency of service and unfair trade practice. Hence we opine that the opposite party is liable to resole the tyre or to refund the fare of resole for two tyre and also liable to pay cost and compensation and the complainant is entitled for the same.
In the result, the complaint is partly allowed and the opposite party is directed to refund Rs.2,200/- (Rupees Two Thousand and Two Hundred) ie the fare of the resole of two tyre and also directed to pay Rs.2,000/- (Rupees Two Thousand) as compensation and Rs.1,000/- (Rupees One Thousand) as cost of the proceedings within one month from the date of receipt of this Order. Failing which the complainant is entitled for an interest at the rate of 15% per annum for the whole amount.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 11th day of September 2015.
Date of Filing: 25.07.2015.
PRESIDENT :Sd/-
MEMBER :Sd/- MEMBER :Sd/-
/True Copy/
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PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:-
PW1. A. K. Pappy(Affidavit). Complainant.
Witness for the Opposite Party:-
Nil.
Exhibits for the complainant:
A1. Cash Bill. Dt:05.03.2015.
A2. Copy of Registration Certificate.
A3. Copy of Aadhaar Card.
Exhibits for the opposite party:-
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
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