Petitioner/complainant purchased Skoda vehicle from respondent No.3 through its authorized dealer.  The car was got insured from the respondent No.4.  The car was fitted with tubeless tyres manufactured by Goddyear India Limited, respondent No.2.  On 10.9.2005, due to deflating of the tyres, the car hit the trees and got

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damaged.  A claim was lodged with the insurance company.  The insurance company appointed a Surveyor who reported that the accident was caused due to deflation of tyres.  Petitioner filed a complaint before the District Forum seeking a direction to the opposite parties to supply a new car or in lieu of that, price of the car i.e. Rs.10,92,781/- and Rs.9 Lacs by way of compensation.

District Forum dismissed the complaint.

Aggrieved against the order passed by the District Forum, complainant filed an appeal before the State Commission which has been dismissed by the impugned order.  The State Commission in its order has observed that there was no specific warranty or guarantee with regard to the tyres.  The tyres were got tested by the manufacturer of the tyres through its engineers and technicians who submitted their report, Ex.C-3, on 30.7.2005 stating that:--“Special Remarks if any: inspected all tyres and no noise found, no manufacturing defects notices.”  The State Commission held that the petitioner is not entitled to get a new vehicle or the price thereof as there was no manufacturing defect, with which we agree.  In so far as

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the petitioner’s claim against the insurance company is concerned, it has been noted in the order of the State Commission that the insurance company has accepted the claim lodged by the petitioner but the petitioner has not accepted the amount.  Petitioner, if so advised, may pursue his remedy against the insurance company which is prepared to reimburse the petitioner the cost for repair of the vehicle.  Dismissed.  No costs.