O R D E R
(By Sri. Ganesh Jadhav, President)
- Briefly stated the facts of the case are as follows:
The complainant is the owner of lorry bearing No. AP 25 V 2408. He purchased two MRF tyres bearing SI. Nos. 57302630712 and 57290270712 for Rs. 34,500( Rupees thirty four thousand five hundred only) vide cash bill No. 25354 from the shop of OP No.1. After purchase the complainant observed that one tyre bearing SI. No. 57290270712 is in damaged condition. Immediately he approached the OP No.1 and returned the said damaged tyre and requested to give new tyre in place of damaged tyre. The OP No.1 assured to give new tyre after receiving new tyre from OP No. 2 and taken the damaged tyre and sent it to OP No.2 along with claim forwarding docket No. 0764 dated 5-3-2012. The complainant though approached OP No. 1 several times for new tyre in place of damaged tyre or reimbursement of his payment made towards the damaged tyre but all his attempts are in vain. The OP No. 1 not cleared the problem but dodged the matter on one or other pretext. Finally on 06-11-2012 the complainant sent legal notice to OPs calling to replace the damaged tyre with new one or repayment of damaged tyre price i.e. Rs. 17,250/- along with damages for causing business loss and mental agony within one week from the date of notice but OPs did not give any response to him hence he filed this complaint praying to pass award for replacement of damaged tyre with new tyre or in alternate award the cost of the tyre rupees 17,250/- along with interest @24% pa till realization and to pass damages of Rs. 15,000/- for causing mental agony and costs.
- OP No. 1 filed counter denying all the material allegations made in the complaint are as false and baseless and stated that the complaint is not maintainable and liable to be dismissed in limini. The allegations that this OP assured to give new tyre after receiving it from the OP No. 2 and taken damaged tyre and sent it to OP No. 2 along with claim forwarding document No. 0764 dt. 5-3-2012 are denied. It is stated that the tyre of the complainant was sent to the company and the inspection of the tyre was conducted which revealed that the tyre was damaged due to concussion/impact break due to sudden impact with some heavy object and as such the claim of the complainant was rejected. It is further stated that there is no manufacturing defect of any nature is found and as such the complainant is not entitled for any claim. Receipt of legal notice is denied. It is stated that there is no deficiency of service on the part of OPs and prayed to dismiss the complaint.
- OP No. 2 filed counter wherein it is stated that the complaint is not maintainable either in law or on facts and circumstances of the case and is liable to be dismissed in limini. It is further stated that the complainant has suppressed, distorted and concealed vital and material facts germane to the issue. This OP cannot be held liable unless there is any manufacturing defect in the tyre. It is stated that the tyre of size 10.00-20 slg 50 plus bearing serial No. 57290270712 was received for inspection from SAYANA TYRES on 08-03-2012 and was thoroughly examined by their technical service personnel, Mr. Praveen Kumar, BH after registering the same under complaint docket/notification No. 801480892 dated 08-03-2012. His examination revealed that the tyre is free from any manufacturing defect. He observed that the said tyre had suffered due to concussion/sudden impact break due to sudden impact with some heavy object while the vehicle was on motion. Their technical service personnel has come to the above conclusion only after subjecting the said tyre to a thorough and detailed examination. It is further stated that OPs had not committed any deficiency or unfair trade practice as alleged. Hence the complainant is not entitled for any compensation or replacement/adjustment of the tyre or refund of any amount. This OP No.2 prayed to dismiss the complaint.
- During enquiry no witnesses are examined and no documents are marked either on behalf of the complainant or on behalf of the OPs 1 and 2.
5. The points for consideration are:
i) Whether the complainant is entitled for any relief as prayed for?
ii) To what relief?
6. POINT NO. 1 & 2
The facts that the complainant had purchased two MRF tyres bearing SI Nos. 57302630712 and 57290270712 from the shop of OP No. 1 for Rs. 34,500/- vide cash bill No. 25354 are not in dispute. It is also not in dispute that one tyre bearing No. 57290270712 was found in damaged condition and it was returned to OP No. 1 who sent the same to OP No.2 for replacement with new tyre. According to the OPs the damaged tyre was thoroughly examined by their technical service personnel Mr. Praveen Kumar. BH, after registering the same under complaint docket/Notification No. 801480892 dt. 08-03-2012 and his examination revealed that the tyre is free from any manufacturing defect and he also observed that the said tyre had suffered due to concussion/impact break due to sudden impact with some heavy object and that there is no manufacturing defect of any nature is found and as such according to OPs the complainant is not entitled for any claim.
Admittedly there was defect in the tyre bearing No. 57290270712 purchased by the complainant but no evidence has been adduced by the complainant either in the form of affidavit or by examining witnesses to substantiate that the alleged defect was a manufacturing defect. It is in this circumstance and in view of the decision in Solanki Bharthuji Fataji V/s. National Insurance Co.Ltd., of Hon’ble Gujarat SCDRC Ahmedabad, reported in II (1993) CPJ 854 and also in view of the decision in M/s. Konark Television Limited V/s. Rakesh Garg of Hon’ble Bihar SCDRC, Patna, reported in II ( 1993) CPJ 972. we are of the considered opinion that complainant had failed to prove his case. Therefore the complainant is not entitled for any relief as prayed for and the complaint is liable to be dismissed.
6. In the result, the complaint is “ DISMISSED”. No costs.
Typed to dictation, corrected and pronounced by us in Open Forum on this the 20th day of May 2014.
