Punjab

Sangrur

CC/1126/2021

Ashish Kumar - Complainant(s)

Versus

Apollo Tyres Ltd. - Opp.Party(s)

Sh. Lovepreet Singh Walia

04 Jan 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SANGRUR .

 

                                                                        Complaint No. 1126

 Instituted on:   08.09.2021

                                                                        Decided on:     04.01.2023

 

 

Ashish Kumar aged 59 years son of Sh. Ram Lal Garg, resident of H.No.20, Maharaja Ranjit Singh, Backside Mittal Eyes Care Hospital, Uppli Road, Sangrur, District Sangrur.

                                                          …. Complainant.     

                                                 Versus

1.             Apollo Tyres Ltd. Registered and Head Office, 3^rd Floor, Areepal, Mansion, Near Manorma Junction, Panampilly Nagar, Kochi 682036 Kerala through its Chairman/Managing Director.

2.             Apollo Tyres Ltd. Corporate Office, 7, Institutional Area, Sector 32, Gurgaon 122001.

3.             M/s. Parmod Enterprises, Gaushala Road, Sangrur.

 

             ….Opposite parties. 

 

For the complainant  : Shri Lovepreet Walia, Adv.             

            For OPs                    : Exparte.

Quorum                                           

Jot Naranjan Singh Gill, President

Sarita Garg, Member

Kanwaljeet Singh, Member

 

ORDER

JOT NARANJAN SINGH GILL, PRESIDENT.

 

1.             Complainant has approached this Commission alleging inter-alia that the complainant is the owner of the car bearing registration number PB-13-Y-1511 and for his car the complainant purchased two Apollo tyres having dimension 185/65 of R-14 on 29.5.2019 for Rs.7300/- from OP number 3 vide bill number 2753 dated 29.5.2019. It is further averred that at the time of purchase of the said tyres, the meter reading of the car was 66300 and OP number 3 fitted the above said tyres on the front side of the car which was assured to run 50000 KMs and in case of any problem then the company will replace the same.  The grievance of complainant is that in the month of October, 2020, both the tyres became defective when its reading was about 75200 KMs and thus the tyres became defective after running 9100 Kilometers only, as such the complainant approached the OPs for its replacement. The tyres were handed over to OP number 3, who sent the same to OPs number  1 and 2 for inspection, but the OPs did not replace the tyres in question, despite sending of legal notice to the OPs. Thus,  the complainant has approached this Commission with a request for refund of the price of the tyres i.e. Rs.7300/- alongwith interest @ 18% per annum and further to pay an amount of Rs.50,000/- on account of compensation for mental agony, harassment and further Rs.33,000/- as litigation expenses.

2.             The OPs did not appear despite service, as such, they were proceeded against exparte.  Though the OP number 1 and 2 appeared through Shri Nirmal Giri and filed an application for setting aside exparte order dated 15.11.2021, which was set aside against OPs number 1 and 2 vide our order dated 29.8.2022 on payment of costs of Rs.1000/-, but thereafter the OPs number 1 and 2 neither paid costs nor appeared, as such, the OPs number 1 and 2 were again proceeded against exparte on 22.09.2022.

3.             The learned counsel for the  complainant produced Ex.C-1 copy of bill, Ex.C-2 copy of legal notice, Ex.C-3 to Ex.C-5 postal receipts and Ex.C-6 self attested affidavit and closed evidence.

4.             We have gone through the pleadings put in by both the complainant along with his supporting documents with his valuable assistance.

5.             Learned counsel for the complainant has argued vehemently that that the complainant is the owner of the car bearing registration number PB-13-Y-1511 and for his car the complainant purchased two Apollo tyres having dimension 185/65 of R-14 on 29.5.2019 for Rs.7300/- from OP number 3 vide bill number 2753 dated 29.5.2019, a copy of which has been placed on record as Ex.C-1. It is further averred that at the time of purchase of the said tyres, the meter reading of the car was 66300 and OP number 3 fitted the above said tyres on the front side of the car which was assured to run 50000 KMs and in case of any problem then the company will replace the same.  Further the learned counsel for the complainant has contended that the grievance of complainant is that in the month of October, 2020, both the tyres became defective when its reading was about 75200 KMs and thus the tyres became defective after running 9100 Kilometers only, as such the complainant approached the OPs for its replacement. The tyres were handed over to OP number 3, who sent the same to OPs number  1 and 2 for inspection, but the OPs did not replace the tyres in question, despite sending of legal notice dated 2.12.2020 to the OPs, a copy of which is on record as Ex.C-2 and all the allegations have been supported with his self attested affidavit, Ex.C-6. The complainant has alleged that the tyres in question were handed over to the OP number 3 who further forwarded the same to OP number 1 and 2.  A bare perusal of the record reveals that the OPs chose to remain exparte and even OP number 1 and 2 appeared through Shri Nirmal Giri and filed an application for setting aside exparte order dated 15.11.2021, which was set aside against OPs number 1 and 2 vide our order dated 29.8.2022 on payment of costs of Rs.1000/-, but thereafter the OPs number 1 and 2 neither paid costs nor appeared, as such, the OPs number 1 and 2 were again proceeded against exparte on 22.09.2022. All the evidence on record remains unrebutted, as such, we feel that the complainant has successfully proved his case.

6.             So, in view of our above discussion, we allow the complaint and direct the Ops to pay to the complainant an amount of Rs.7300/- being the cost of tyres, which are already with them.  We further direct the OPs to pay to the complainant an amount of Rs.5000/- as compensation for mental agony, harassment and further an amount of Rs.2500/- as litigation expenses.  This order be complied with by the opposite parties within a period of 60 days from the date of receipt of certified copy of this order, failing which the OPs shall be liable to pay interest @ 7% per annum on the awarded amount of Rs.7300/- from the date of filing of the present complaint i.e. 08.09.2021 till its realization.

 

7.             The complaint could not be decided within the statutory time period due to heavy pendency of cases.

8.             Copy of this order be supplied to the parties free of cost. File be consigned to the records.

                                Pronounced.

                                January 4, 2023.

 

       (Kanwaljeet Singh)  (Sarita Garg) (Jot Naranjan Singh Gill)

                 Member           Member                    President