LAWS(DLH)-2009-2-350

LALIT KUMAR Vs. UOI & ORS.

Decided On February 02, 2009
LALIT KUMAR Appellant
V/S
Uoi And Ors. Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties. The present petitioner claims the following reliefs:

(2.) The petitioner contends that he has purchased the Maruti Zen car, fitted with GPS -2 Radial Tyres manufactured by the second respondent. According to him while driving on the Delhi -Jaipur Highway on 10th January 2004, a defect in the tyre led to the vehicle turning turtle, Fortunately no one suffered any injury. The petitioner claims to have got the tyres investigated from Shri Ram Institute Research. A copy of the test result has been filed. The same records as follow:

(3.) Learned Counsel submitted that there is an inherent defect in the tyres marketed by the second respondent which are hazardous and pose a threat to the car owners, passengers as well as members of the public who ply vehicles on the road. It is contended by Mr. Saxena that expert inspection of the tyre revealed that they have sharp edges, grooves and ribs on the inner surface of the tyres are pinching the tubes sharply. Due to constant pressure of such sharp edges cutting across the tubes, they soften at places of pressure, resulting into frequent deflation and damage to tyres particularly at high speeds. Learned counsel has sought to rely upon technical literature as well as reports and submitted that in these circumstances the respondent No. 2 should be banned from marketing the product and that the other respondents should be directed to ensure compliance with the Court's order.