Date of Filing:15.10.2008<br /> Date of Order:20.11.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> <br /> Dated: 20TH DAY OF NOVEMBER 2008<br /> PRESENT<br /> <br /> <br /> <br /> Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> <br /> <br /> COMPLAINT NO: 2227 OF 2008<br /> <br /> <br /> M. Sudhir Sastry<br /> No. 8, O.T.C. Road<br /> Nagarthpet<br /> Bangalore 560 002 Complainant<br /> V/S<br /> Sai Iyengar and Sons<br /> No. 24, Old Mission Compound<br /> Lalbagh Road<br /> Bangalore 560 027<br /> Rep. by its Partner Opposite Party<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed under section 12 of the Consumer Protection Act seeking direction to the opposite party to replace new tyre and tube in the place of defective tyre and tube. <br /> The facts of the case are that complainant has purchased tyre and tube for Maruti Alto Vehicle from the opposite party for Rs. 3,100/- on 03.12.2007. To the surprise the brand new tyre and tube was found to be defective and he requested for replacement of the same since, there was manufacturing defect. Opposite party requested the complainant to produce the bill and accordingly, copy of the invoice was sent. As per the request of the opposite party, complainant produced tyre on 22.08.2008 for re-examination. Inspite of the same there was no response from the opposite party. Opposite party has caused mental agony and loss to the complainant for not having replaced one tyre and tube. Hence, the complaint requesting to direct the opposite party to replace one tyre and tube and to pay Rs. 10,000/- as compensation towards mental agony.<br /> 2. Notice issued to opposite party by RPAD. Notice was served. Inspite of service of notice the opposite party has not appeared and contested the matter. Therefore, opposite party placed as ex-parte.<br /> 3. Heard arguments of learned advocate of the complainant. Perused the documents produced by the complainant. <br /> 4. The complainant has produced cash bill, copy of legal notice sent to the opposite party. The complainant has produced letter of opposite party dated 22.07.2008. From this letter opposite party requested the complainant to furnish cash bill copy and to mention the nature of complaint so as to take up the matter with the Company. The complainant has produced letter dated 24.07.2008. Through this letter he has sent copy of Invoice to the opposite party. The opposite party has sent another letter on 26.07.2008 requesting the complainant to send back the tyre for re-examination and it is stated that after re-examination final decision will be taken. The complainant has produced another dated 04.08.2008 requesting the opposite party to replace the tyre and tube and failing which he has said the matter will be taken to District Consumer Forum. Complainant has produced receipt / acknowledgement of the opposite party dated 22.08.2008. The complainant again wrote letter to opposite party on 05.09.2008 stating that the defective tyre was given to opposite party on 22.08.2008 and if there is no response within 3 days from the date of receipt of the letter the matter would be taken before the District Consumer Forum. By all these correspondence and document it is very clear that the complainant had purchased tyre and tube from the opposite party and one tyre and tube found to be defective and he has requested opposite party for replacement. The complainant is right in asking replacement. It is duty and obligation of the opposite party to supply the goods which are free from any kind of defects. The opposite party cannot escape from its obligation in giving good service to the customer. Consumer Protection Act is a social and benevolent legislation intended to protect better interest of the consumers. Customer or consumer is a back bone of all our commercial activity. He has to be honoured, respected and attended to the utmost courtesy. In this case seeing the number of correspondence and letters exchanged between the complainant and opposite party it goes to show that the opposite party has committed deficiency in service and it has not acted promptly in giving service to the complainant. Therefore, it is a fit case to direct the opposite party to replace defect free one tyre and tube to the complainant immediately. The complainant was forced to approach the District Consumer Forum for getting relief spending lot of time and money and energy. Therefore, he has definitely entitled for the cost of the present litigation from the opposite party. In the result I proceed to pass the following:<br /> ORDER<br /> <br /> 5. The Complaint is allowed. The opposite party is directed to replace a brand new tyre and tube in place of defective tyre and tube within 30 days from the date of receipt of this order. <br /> 6. The complainant is also entitled for Rs. 1,000/- as costs of the present litigation from the opposite party.<br /> 7. Send the copy of this Order to both the parties free of costs immediately. <br /> 8. Pronounced in the Open Forum on this 20TH DAY OF NOVEMBER 2008. <br /> Order accordingly,<br /> <br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> <br /> MEMBER MEMBER<br /> <br /> CV<br />