BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI. P. SUDHIR                                       :  PRESIDENT

SMT. R. SATHI                                         :  MEMBER

C.C. No. 496/2014 Filed on 12.12.2014

ORDER DATED: 19.08.2016

Complainant:

Sajeer. S.A, Sajeer Manzil, Konniyoor, Poovachal, Nedumangad.  

                    (By Adv. Sreevaraham N.G. Mahesh)                                                       

Opposite parties:

1. The Managing Director, Appollo Tyres, Gurgaon-122 001, Haryana, India.

2. The Proprietor, Jayaraj Tyres, R.S. Plaza, Etturuthi, Kattakkada, Thiruvananthapuram-695 572.

This case having been heard on 30.06.2016, the Forum on 19.08.2016 delivered the following:

ORDER

SRI. P. SUDHIR:  PRESIDENT

Complainant’s case is that complainant purchased two tyres for his vehicle for his own livelihood purpose.  The 1^st opposite party is the manufacturer of the tyres and the 2^nd opposite party is the dealer of the tyres.  The complainant purchased two tyres from the 2^nd opposite party on 14.10.2014 for an amount of Rs. 19,300/-.  On 09.11.2014 complainant while driving his vehicle from Tuticorin to Thiruvananthapuram around 2.30 am right side of tyre exploded with a heavy sound suddenly the vehicle uncontrolled and sustained major accident.  Complainant purchased the tyre for his vehicle for the livelihood purpose for conducting fish to wholesale markets in Thiruvananthapuram.  The tyre runs hardly 1000 km the defects occurred.  The complainant immediately sent the defective tyre to the 2^nd opposite party on 12.11.2014 and tyre is still in the custody of 2^nd opposite party.  The 1^st opposite party issued warranty to the tyres and the tyre damaged within warranty period.  The 1^st and 2^nd opposite parties delivered a branded new tyre to the complainant and it has run hardly 1000 km and the defects occurred within warranty period.  The action of the opposite parties amounts to deficiency in service and unfair trade practice.  The complainant’s vehicle contained load of fishes for an amount of Rs. 4,15,500/-.  The complainant has sold the fishes for an amount of Rs. 1,75,020.  Due to the defective tyre supplied by the opposite parties the accident occurred to the complainant’s vehicle.  Hence complainant approached this Forum for redressal.

Notice sent to opposite parties.  Opposite parties not turned up and not produced contra evidence.

Issues:

1. Whether there is deficiency of service or unfair trade practice on the part of opposite parties?
2. Whether the complainant is entitled for the reliefs sought for?

Issues (i) & (ii):- Complainant filed chief examination affidavit and Exts. P1 to P7 marked.  Since there is no contra evidence to look into, we have no other option but to believe the evidence put forward by the complainant.  We are of the opinion that there is unfair trade practice and deficiency of service on the part of opposite parties.  Hence opposite parties are jointly and severally liable to pay an amount of Rs. 19,300/- towards the cost of the tyre and Rs. 2,40,000/-as compensation towards the damage sustained and for the mental agony suffered by the complainant and Rs. 1,000/- towards costs of the proceedings. 

In the result, complaint is allowed and opposite parties are jointly and severally liable to pay Rs. 19,300/- towards the cost of the tyre and Rs. 2,40,000/- as compensation towards the damage sustained and for the mental agony suffered by the complainant and Rs. 1,000/- towards costs of the proceedings within one month from the date of receipt of this order failing which the entire amount carries interest at the rate of 6% per annum from the date of default.  

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 19^th day of August 2016.

       Sd/-

P.SUDHIR                             : PRESIDENT

         Sd/-

R. SATHI                               : MEMBER

jb

C.C. No. 496/2014

APPENDIX

  I      COMPLAINANT’S WITNESS:

                             NIL

 II      COMPLAINANT’S DOCUMENTS:

P1     - Copy of invoice bill dated 14.10.2014 of 2^nd O.P

P2     - Complaint receipt from Tamil Nadu Police Station dated 20.01.2016

P3     - complaint docket from 1^st O.P dated 12.11.2014

P4     - Copy of sale of the fish dated 08.11.2014

P5     - Copy of estimate dated 10.11.2014

P6     - Photograph of the vehicle

P7     - Photograph of tyres

III      OPPOSITE PARTY’S WITNESS:

                             NIL

 IV     OPPOSITE PARTY’S DOCUMENTS:

NIL

                                                                                                      Sd/-

PRESIDENT

jb