By Sri. K. Gheevarghese, President:
 

The complaint filed for compensation of the tyre found defective in manufacture in use.
 

2. The gist of the complaint is as follows:- The Complainant was approached by the Field Executive of Opposite Party at Sulthan Bathery for booking in advance of the tyre for which an oral guarantee of three years was also promised. The tyre and tubes were purchased on 14.5.2007 at the price of Rs.2,600/-. While in use the tyre and tubes found to be defective and those were removed from the vehicle. The defects of the tyre and tubes were informed to the Opposite party and in different occasions. The Complainant had done enough efforts for the replacement of the tyre. The Opposite Party was not ready either to compensate the tyres and tubes or to replacements it with fresh one. The complaint filed is for replacing the two tyres and tubes or to refund the price given by the Complainant and compensation of Rs.5,000/- along with cost Rs.1,500/-.

3. The Opposite Party did not appear on receiving notice and hence declared exparte.

4. Points in consideration are:-

1. Whether any deficiency on the part of the Opposite Party?

2. Relief and cost.

5. Points No.1 and 2:- The Complainant filed proof affidavit. Exts.A1 to A3 are the exhibits marked to substantiate the contentions of the Complainant. The damaged tyres and tubes are marked as MO1.

6. The contentions of the Complainant is that the Field Executive of the Opposite Party approached the Complainant at Sulthan Bathery for booking the tyres and tubes with an offer of 3 years warranty . When the tyres and tubes were in use it found to be defective in manufacture and a notice was issued to the Opposite Party on 25.7.2009 which is marked as Ext.A2. In the absence of any adverse inferences the tyres and tubes sold to the Complainant perceived to be defective in quality. Ext.A1 is the invoice given by the Opposite Party. The cost paid by the Complainant as per this documents is Rs.2,600/- including the tax. The Complainant purchased two tyres and two tubes. The sale of the defective tyres and tubes as contented by the Complainant is an unfair trade practise it is to be compensated with cost.

In the result, the complaint is partly allowed. The Opposite Party is directed to sell two tyres and two tubes of the same brand to the Complainant in free of cost taking back the defective tyres and tubes. If the Opposite Party found it difficult to give the same brand of tyres and tubes to the complainant, the cost of the tyres and tubes Rs. 2,600/- (Rupees Two thousand and Six hundred only) is to be paid back to the Complainant along with interest for the amount at the rate of 12% from the date of filing this complaint till payment. The Complainant is also entitled for the cost of Rs. 500/- (Rupees Five hundred only) towards the proceedings. This is to be complied within one month from the date of receiving this order.

Pronounced in open Forum on this the day of 19^th November 2009.

PRESIDENT: Sd/-

MEMBER- I: Sd/-

MEMBER-II: Sd/-

A P P E N D I X

Witnesses for the Complainant:

Nil.

Witnesses for the Opposite Parties:

Nil.

Exhibits for the Complainant:

A1. Invoice No.243. dt:14.05.2007.

A2. Letter. dt:25.07.2009.

A3. Acknowledgment.

Exhibits for the Opposite Parties:

Nil.