Kerala

Idukki

CC/65/2020

Adv: KC babu - Complainant(s)

Versus

Appolo Tyres Ltd - Opp.Party(s)

Adv: c k babu

30 Nov 2021

ORDER

DATE OF FILING : 16.3.2020

IN THE CONSUMER DISPUTES REDRESSAL COMMISSION IDUKKI

Dated this the 30^th day of November, 2021

Present :

SRI. C. SURESHKUMAR PRESIDENT

SMT. ASAMOL P. MEMBER

SRI. AMPADY K.S. MEMBER

CC NO.65/2020

Between

Complainant : Adv: C.K. Babu, S/o. C.I. Kumar,

Chittadichalil House,

Idukki Colony P.O.,

Idukki.

And

Opposite Parties : 1. Apollo Tyres Ltd.,

B. No.XI-375 G,

Kallupurackal Building,

HMT Road, HMT Colony P.O.,

Kalamassery,

Kochi – 683 503.

2. The Manager,

Jaiji’s Motor Paddock,

Cheruthoni, Idukki Colony P.O.,

Idukki – 685 602.

 

O R D E R

SMT. ASAMOL. P., MEMBER

 

Brief facts of the complaint are hereunder :

 

1. Complainant purchased two new 195/55/16 ANLAC 4G Life tyres manufactured by 1^st opposite party on 2.11.2019 from 2^nd opposite party, dealer of 1^st opposite party. The tyres were fitted to the front side of complainant’s car.

 

2. On 10.11.2019, while the car was plying through Cheruthony, the left side tyre burst and became flat. Complainant informed the 2^nd opposite party with regard to the mishap and requested to replace the defective tyre with a new one but they expressed their helplessness. So, complainant purchased a new tyre on 23.11.2019 and it was fitted to the front left side of the car.

(cont….2)

 

- 2 -

3. On the advice of the 2^nd opposite party, complainant contacted 1^st opposite party for redressing his grievance. On 24.2.2020, 1^st opposite party informed through 2^nd opposite party that the tyre is not covered under technical warranty policy and tyres usually don’t have any warranty.

 

4. Previously, also the very same make tyre had burst and it was replaced by the 1^st opposite party through the 2^nd opposite party. Opposite parties have sold out a substandard and defective tyre to complainant. Hence they are bound to replace the burst tyre with a new defect free tyre. Therefore, complainant prayed for following reliefs :-

a. To order opposite parties to replace the burst tyre with a new defect free tyre.

b. To order opposite parties to pay Rs.10,000/- towards mental agony of the complainant.

c. To order opposite parties to pay Rs.10,000/- as legal expense to complainant.

 

Notice served to opposite parties. But they did not appear before this Commission. Hence, they were exparte.

 

Complainant filed proof affidavit and has produced 3 documents. These documents were marked as Exts.P1 to P3 respectively.

 

The point which arises for consideration is that whether there is any deficiency in service and unfair trade practice on the part of these opposite parties and if so, complainant is entitled to what reliefs from opposite parties ?

 

The POINT :- We have heard complainant and have perused documents which were produced by him. It is seen in Ext.P1 that the complainant has purchased 2 numbers of tyre woth Rs.12800/- including G.S.T. from 2^nd opposite party on 2.11.2019. Complainant has alleged that one tyre out of these tyres had burst while the car was plying through Cheruthony road. It is evident as per Ext.P3 that the complainant had made a complaint to 1^st opposite party on 27.11.2019 and it was rejected on the ground that the tyre is not covered under technical warranty policy. As per Ext.P3, complainant had purchased a new tyre worth Rs.6400/- from 2^nd opposite party on 23.11.2019. We find that the purchased tyre by complainant was defective within 8 days from the date of purchase. Bursting of tyre, within 8 days of purchase, will probablise complainant’s case that tyre was defective, as no other reason for the same is forthcoming. Non availability of warranty is of no consequence. It is seen that the price of one tyre was Rs.6400/- including G.S.T. in Ext.P1. We are of the considered view that complainant has right to get reliefs from these opposite parties.

 

Hence, complaint is allowed. 2^nd opposite party is directed to refund the price of the tyre Rs.6400/- and also directed to pay Rs.3000/- as compensation and Rs.2000/- as cost of the proceedings to complainant. If there is failure to pay the amount within one month from the

 

(cont….3)

 

• 3 -

 

date of receipt of copy of this order, it shall be paid with 12% interest per annum along with this amount till the date of payment.

 

Pronounced by this Commission on this the 30^th day of November, 2021

 

Sd/-

SMT. ASAMOL P., MEMBER

Sd/-

SRI. C. SURESHKUMAR, PRESIDENT

Sd/-

SRI. AMPADY K.S., MEMBER

 

 

APPENDIX

Depositions :

Nil.

Exhibits :

On the side of the Complainant :

Ext.P1 - Tax invoice dated 2.11.2019.

Ext.P2 - Tax invoice dated 23.11.2019.

Ext.P3 - Letter dated 27.11.2019 issued by 1^st opposite party.

On the side of the Opposite Party :

Nil.

 

 

 

 

 

Forwarded by Order,

 

 

SENIOR SUPERINTENDENT