1. JIMMY KORAH 2. K.Anirudhan 3. Smt;Shajitha Beevi
Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
SMT. N.SHAJITHA BEEVI (MEMBER) Sri. P.S. Lal, the complainant filed this complaint before this Forum for an order for compensation and cost of Rs. 24,627/- from the opposite parties and other reliefs. The case of the complainant is as follows:- The complainant brought 4 radial tyres of Good Year Company for Rs. 8,506/- (replacement charge inclusive) from the first opposite party by a bill bearing bill No. 6225 dated 09-05-2006, for his vehicle having Reg. No. KL 4/M 3132. Thereby complainant is the consumer of a product sold in the first opposite partys shop. The first opposite party is a retail dealer of Good Year Tyres in Alappuzha, second opposite party is the All Kerala Distributor of Good Year Tyres in Kerala State and third opposite party in the manufactures of Good Year Tyres. The complainant after using it for two month a buldge appeared on one of tyre purchased from the opposite partys shop and another tyre burst up while traveling through the National Highway, as a result the tyre was torn for almost six inches and the tyre become useless. Both these incident occurred due to the manufacturing defect of the product. Complainant approached the first opposite party for replacement of both tyres on 15-07-2006. An employee of the second opposite party i.e. Customer Service Engineer inspected the tyres which is buldged and found defective and recommended to replace the tyre. But the second opposite party as well as the first opposite party failed to replace the tyre which is burst up. Hence the complaint. 2. Notices were issued to the opposite parties. They were appeared and filed version. The opposite parties contended that the complaint is not maintainable. Moreover, it is not true that the tyre having any manufacturing defect. It is submitted that the Service Engineer of the opposite party inspected the tyre and found that the tyre is not having any manufacturing defect and it is found that the defect noticed in that tyre is side wall damaged by outside object which is due to impact on the tyre by a sharp object. This is clear case of abuse on the tyre. The defect is caused only due to the careless handling of the tyre. There is no manufacturing defect in the tyre. 3. Considering the contentions of the parties this forum raised the following issue: Whether there is any deficiency in service on the part of the opposite parties? 4. The case was posted for evidences of the parties, the complainant adduced evidences. On the side of complainant, he filed proof affidavit and Exts. A1 to A11 and MO1 also produced. The opposite parties did not adduce any evidence. They did not care to cross-examine the complainant to disprove the case. Hence the case was taken for orders. 5. The forum considers the proof affidavit of PW1 and Exts. A1 to A11 and MO1. We are of the view that the contention of the complainant is genuine and complaint is to be allowed. And there is deficiency in service on the part of the opposite parties. The issue is found in favour of the complainant. The allegations against the opposite parties are remaining unchallenged in evidence. 6. In the result, we direct the opposite parties to repay the cost of the tyre including replacing charges Rs. 2,127/- (Rupees Two Thousand One Hundred and Twenty Seven only) and compensation of Rs. 20,000/- (Rupees Twenty Thousand only) for mental agony and other damages of the complainant and cost of Rs. 2,500/- (Rupees Two Thousand and Five Hundred only) for the proceedings. We further direct the opposite parties to pay the said amounts to the complainant within one month from the date of receipt of this order. Complaint allowed Dictated to the Confidential Assistant, transcribed and typed by him, corrected and pronounced by me in Open Forum on this the 30th day of July, 2008. Sd/- Smt. N.Shajitha Beevi Sd/- Sri. Jimmy Korah Sd/- Sri. K.Anirudhan APPENDIX Evidence of the Complainant: - Ext. A1 09-05-2006 Original Cash/Credit bill Ext. A2 15-07-2006 Tyre inspection report Ext. A3 10-8-2006 Copy of notice issued to the 1st opposite party Ext. A4 10-08-2006 Copy of notice issued to the 2nd opposite party Ext. A5 10-08-2006 Copy of notice issued to the 3rd opposite party Ext. A6 11-08-2006 Postal receipt Ext. A7 -do- -do- Ext. A8 -do- -do- Ext. A9 Postal Acknowledgement Card Ext. A10 -do- Ext. A11 -do- MO1 Useless tyre Evidence of the opposite parties: - NIL // True Copy // By Order Senior Superintendent To Complainant/Opposite parties/SF Typed by: Sh/- Compd by:
