By. Sri. Jose. V. Thannikode, President:
The complaint is filed under section 12 of the Consumer Protection Act against the opposite parties to refund the value of tyre and tube due to non replace of the damaged tyre which entrusted to opposite party.
2. Brief of the complaint:- The complainant purchased one pair of tyre and one pair of tube from the opposite party for Rs.3,260/-. At the time of purchase the opposite party has offered one year warranty for the same, after the use of about 3 months both the tyre got crack and the same was intimated to opposite party. Opposite party assured that the matter will be intimated to the company and when it replace from the company it will be handed over to the complainant. But after one and half month also the opposite party has not replaced the tyre and tube. So the complainant further says that the opposite party has cheated the complainant telling about company's replacement and further says that the opposite party has given the low quality material to the complainant and it is an unfair trade practice from the side of opposite party. Hence prayed before the Forum to direct the opposite party to refund the value of tyre and rube and to pay cost and compensation for his difficulty and mental agony.
3. Notice were served to opposite party on 11.09.2015 but he has not appeared before the Forum and not filed version. Hence he is set ex-parte on 25.09.2015.
4. Complainant filed proof affidavit and stated as stated in the complaint and he is examined as PW1 and Ext.A1 and MO-1 and 2 is also marked. Ext.A1 is the bill issued by the opposite party to the complainant, which shows the price of tyre and tube as Rs.3,290/- MO-1 and 2 is the tyre and tubes.
5. On perusal of complaint and documents the Forum raised the following points for consideration:-
1. Whether there is any unfair trade practice from the side of opposite party?
2. Relief and cost.
6. Point No.1:- Since the opposite party is ex-parte the complainant was heard and on perusal of complaint, document and MO's, we are in the opinion that the complaint can be believed in toto. Hence we feel that this is a clear case of unfair trade practice from the side of opposite party. The Point No.1 is found accordingly.
7. Point No.2:- Since the Point No.1 is found in favour of complainant, he is entitled to get the price of tyre and tube with cost and compensation.
In the result, the complaint is partly allowed and the opposite party is directed to pay Rs.3,290/- (Rupees Three Thousand Two Hundred and Ninety) which is collected as the price of tyre and tube and also directed to pay Rs.1,000/- (Rupees One Thousand) as compensation and Rs.500/- (Rupees Five Hundred) 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 12% per annum for whole the amount till realization. When complying the Order the opposite party can taken back the MO's which is produced by the complainant before this Forum.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 13th day of October 2015.
Date of Filing: 25.08.2015.
PRESIDENT :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:-
PW1. K. J. Jose(Affidavit). Complainant.
Witness for the Opposite Party:-
Nil.
Exhibits for the complainant:
A1. Retail Invoice. Dt:30.03.2015.
MO-1. Tyre.
MO-2. Tyre.
Exhibits for the opposite party:-
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
a/-
