By Smt. PREETHI SIVARAMAN.C, MEMBER

1.Case of the complainant:-

           On 14/11/2019 complainant had purchased two tyres from opposite party shop for an amount of Rs 6800/-. But within few days of its use,   it became worn out. It became thin and look like an old used tyre. On 09/08/2021 complainant was travelling  from  Palakkad  to his native place,  the control of the vehicle  lost due to the torn out of tyre. But due to the timely intervention of the complainant nothing happened to him. Thereafter he inspected the vehicle and he realised that  the  new tyres  became torn  out. At that time,  the vehicle had ran only 14,000 kilometres by using this tyres.

2      Then the very next day complainant had approached the opposite party without revealing his identity he gave the tyres to opposite party for examining the tyres. Then  opposite party said that these tyres are manufactured in the year 2015.That means  four years before  the purchase of  this tyres by complainant. Thereafter complainant said to opposite party that he had purchased these tyres from opposite party shop in the year 2019. Then opposite party argued that these tyres had only one year guarantee. Due to the compulsion from complainant and after several arguments complainant taken the photographs of the bill by using his phone. Opposite party had sold two old tyres manufactured in the year 2015 to complainant and make him believe that it was manufactured in the year 2019. Moreover  opposite party done  some malpractices in the bill also. Firstly he had written Rs.5700/- in the bill as the cost of the tyres. When complainant asked about this then he changed the digits from Rs.5700/- to Rs.7500/-. Due to the low quality and staleness both the tyres got torn out.  Hence this complaint

3.    Prayer of the complainant is that  he is entitled to get Rs. 8000/- as the cost of the tyres and Rs.1,00,000/- as compensation  for the deficiency of service and unfair trade practice from the side of opposite  party.

4.     On admission of the complaint notice was issued to the opposite party and  information about the notice served on him but he hesitate to receive the notice  and did not turn up. Hence opposite party set exparte.

5.       In order to substantiate the case of the complainant, he filed an affidavit in lieu of Chief examination and the documents he produced were marked as Ext. A1 to A3. Ext.A1 copy of the bill dated 14/11/2019, Ext.A2 are three photographs of the tyres. Ext.A3 is the CD which recorded the conversation between complainant and worker of opposite party shop.

6.      The allegations against opposite party is proved by the unchallenged evidence of complainant. There is no contra evidence in this matter.   Moreover complainant produced three documents which are very supportive to prove his case.  Hence the Commission finds that there is deficiency in service and unfair trade practice on the part of the opposite party as alleged in the complaint. Hence we allow this complaint holding that opposite party is deficient in service.

7. We allow this complaint as follows:-

1. The opposite party is directed to refund Rs.6800/-(Rupees Six thousand and eight hundred only) the cost of the tyres to complainant.
2. The opposite party is also directed to pay compensation of Rs.5000/- (Rupees Five thousand only)to the complainant on account of deficiency in service on the part of opposite party and thereby caused mental agony, physical hardships and sufferings to the complainant.
3. The opposite party is also directed to pay Rs. 2000/-(Rupees Two thousand only) as cost of the proceedings

          If the above said amount is not paid to the complainant within 30 days from the date of receipt of copy of this order, the opposite party is liable to pay the interest at the rate of 12% per annum on the said amount from the date of receipt of the copy of this order till realisation.

Dated this 30^th day of August , 2022

MOHANDASAN K., PRESIDENT

PREETHI SIVARAMAN C., MEMBER

MOHAMED ISMAYIL C.V., MEMBER

APPENDIX

Witness examined on the side of the complainant               : Nil

Documents marked on the side of the complainant            : Ext.A1to A3

Ext.A1 : Copy of the bill dated 14/11/2019.

Ext.A2 : Photographs of the tyres( 3 Nos.).

Ext.A3 : CD of  which recorded the conversation between complainant and  worker

               of opposite party shop.

Witness examined on the side of the opposite party          : Nil

Documents marked on the side of the opposite party       : Nil

MOHANDASAN K., PRESIDENT

PREETHI SIVARAMAN C., MEMBER

MOHAMED ISMAYIL C.V., MEMBER