O R D E R

By  Sri.C.T.Sabu, President

          The case of the complainant is that he purchased one Micra XVCT car on 27/12/2014 from 1^st opposite party.  2^nd opposite party is the manufacturer of the car.  After using the car for 4500 kms. It was found that the Bridgestone Tyre fitted with the car was bulging.  When contacted, 1^st opposite party directed New Bharath Tyres, who is the authorized dealer of Bridge Stone Tyre in Thrissur.  New Bharath Tyres  supplied MRF Tyre for immediate use.  Extra tyre supplied by New Bharath Tyres was short in size.  Complainant alleges deficiency of service in the matter of supply of Bridgestone Tyre and Extra MRF Tyre.  Complainant claims replacement of Bridgestone tyre with new one and compensation of Rs.25,00/-.

          2.1^st and 2^nd opposite parties filed separate versions in the matter, denying their liability 1^st opposite party contended that when complainant reported complaint of tyre bulge, ancillary lob order was issued to M/s. New Bharath tyres, who is the authorized dealer of Bridgestone tyres in Thrissur.  Rest of the dealings were done by complainant with M/s New Bharath tyres and 1^st opposite party has no role in the transaction.  Complaint is bad for non-joinder of necessary parties.  M/s. New Bharath tyres, Thrissur, Bridgestone tyre company are necessary parties to decide the dispute.  Moreover tyre complaints are not included  in the warranty, provided to complainant with regard to the car.  Hence dismiss.

          3.2^nd opposite party in their version stated that the complainant should state what date on which the first service was done and also required to mention exact kilometers found in the Odometer.  This would expose that the complainant came with patchy evidence which smacks falsehood.  Bridgestone tyres, having esteem brand value, have provided in the Nissan Micra cars.  The company has given strict guidelines to the car users that periodically check the pressure of the tyres including the spare is highly warranted activities.  An incorrect tyre pressure may adversely affect tyre life.  Incorrect vehicle handling may also cause for short life span of tyres.  Insufficient pressure can lead to an overheating of the tyre and may lead to subsequent internal damage.  At high speeds, this could result in tread separation and even bursting or bulging of the tyre.  Indubitably, the  tyres degrade with age as well as with vehicle usage.  Unbalanced wheels may affect vehicle handling and tyre life.  All these valuable information unambiguously and unequivocally explained in the owner’s guideline manuals.  Tyres have been covered under distinct and separate warranties.  This fact also vividly portrayed in the warranty manual book.  Hence, the Company has nothing to do with special warranty agreements.  Standard tyres supplied with the  vehicle and the spare tyre (reduced size width) can be used in the circumstance as a temporary measure and maximum speed shall maintain 80KM/hour in an emergency case if temporary spare tyre is equipped.  The company has already narrated all these facts in detail in owner’s manual and ensured the customers to follow up these precautions if the spare tyre must be used otherwise the vehicle could be damaged or involved in an accident.  There is no deficiency in service.  Hence dismiss.

          4.Points for consideration are:

1)Whether there is any deficiency in service from the part of opposite parties?

2)If so what are the reliefs and costs?

          5.Then the case was posted for evidence and the complainant filed proof affidavit, in which he has affirmed and explained all the averments stated in the complaint.  3 documents were produced, which are marked as Exts.P1 to P3.  Opposite parties also filed proof affidavits with the tune of the versions filed by them.  From the side of opposite parties, 1^st OP filed 5 documents, which are marked as Exts.R1 to R5.  From the side of 2^nd OP 3 documents were produced and  marked as Exts.R6 to R8.  The commission report is marked as Ext.C1.

          6.We have meticulously gone through the averments and contentions of the complainant as well as the complaint, versions and affidavits filed by complainant and the opposite parties.  Thoroughly perused the documents produced by the complainant as well as opposite parties.  Ext.C1 is the report submitted by the Principal Scientist (Rubber Technology), The Rubber Research Institute of India, Rubber Board, he with a team of technologists and scientists inspected the B250 model and pattern tyre and arrived at a conclusion that the impact of the tyre with some external object, damage by Kerb/pothole, road hazard may have caused the reported damage.  Hence the damage cannot be categorically stated due to manufacturing defect.  Thus the complainant failed to prove the manufacturing defect to the Bridgestone make tyre  of his car.

          7.In this case opposite party taken to file the petition to produce the booklet supplied  and the guideline Manuals by the complainant.  But he has failed to do so.  The 1^st OP produced warranty information booklet Ext.R5, 2^nd OP produced extract of operators manuals Exts.R6 to R8.  At page 307 of Exts.R6 to R8 envisaged that “temporary use or spare tyre (if equipped) and a diagram is shown underneath which shows that maximum speed was maintained 80km/hour.  Further, a caution warning is given and strictly communicated that the spare tyre should be used only for emergency.  It should be replaced  by the standard tyre at the first opportunity.  This question would further to be decided what is meant by standard tyre.  For that aspect  two  lines up to the above diagram of “Max 80KM/h at page 307 signifies as a standard tyre (same size as the road wheels) is supplied  with your vehicle.  It further detailed as spare tyre as conventional spare tire.  And at page 308 further stated that  (a) Do  not use tyre chains  on a spare tyre. Tyre chains will not fit properly on the spare tyre and may cause damage to the vehicle. (b)Tyre thread of the spare tyre will wear at a faster rate than the original tyre.  Replace the spare tyre as soon as the thread wear indicators appear (except for India) (c)Because the spare tyre is smaller than the original tyre, ground clearance is reduced.  To avoid damage to the vehicle do not drive over obstacles.  Also do not drive the vehicle through an automatic car wash since it may get caught. (d) Do not use the spare tyre on other vehicles.  (e) do not use more than one spare tire at the same time. 

          8.All the above facts were well explained  in the owner’s manuals guide lines book.  And after 8 months from the date of vehicle sale (27/12/14) urged that he detected the above defect after his first service,  at that time the odometer shown 4500km is totally against consciousness of ordinary prudence and the said fact is unbelievable.  In the Ext.C1 report at the concluding portion it narrates as tyre accepted was in   good condition.  No physical damage is seen on the tyre.

          9.As per the pleadings of the opposite parties the tyre of the vehicle are specifically contracted under special warranties.  It is specifically stated in the tyre information head as “tyre originally installed on a new Nissan vehicle are warranted by the tyre manufacturer.  Hence the complaint is bad for non joinder  for necessary party   in the light of specific pleading raised by the opposite parties  because tyre manufacturing company was not impleaded in the party array.

          10.Weighing the evidences  put forward by both side we are in the opinion that the allegations of the complainant devoid of any merits and the complaint is not maintainable in all aspects.  And we are inclined to dismiss the complaint.

          11.In the result complaint stands dismissed.

          Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Commission this the 21^st  day  of  June 2021.

Sd/-                                                             Sd/-

Sreeja.S                                                       C.T.Sabu

Member                                                      President

                                      Appendix

Complainant’s Exhibits

Ext.P1 Copy of Invoice dtd. 27/12/14

Ext.P2 Copy of lawyer notice dtd.9/7/15

Ext.P3 series A/D cards

Ext.C1 – Commission Report

Opposite Parties Exhibits

Ext.R1 Copy of ancillary job order

Ext.R2 Reply notice dtd. 29/7/15

Ext.R3 postal receipt

Ext.R4 A/D card

Ext.R5 Booklet

Ext.R6 Annexure No.1 page 3

Ext.R7 series – Annexure No.1 page 1 & 2

Ext.R8 series – Annexure No.2 page 1&2

                                                                                           Id/-

                                                                                       President