FORCE MOTORS LIMITED AND ORS. Vs. SANJEEV KUMAR

JUDGEMENT

(1.) PRESENT appeal is directed against the order dated 21.7.2014, of learned District Consumer Disputes Redressal Forum, Mandi, whereby the appellants have been ordered to replace five rims of Maxi Cab, which they sold to the respondent, within twenty days, from the date of passing of the order, failing which they have been ordered to pay penalty at the rate of Rs. 300 per day and have further been ordered to pay Rs. 6,000, as compensation for harassment and Rs. 3,000, on account of costs. Respondent filed a complaint, under Section 12 of the Consumer Protection Act, 1986, against the appellants, alleging that on 2.9.2012 he purchased a Maxi Cab, manufactured by appellant No. 1, from appellant No. 2, who is authorised dealer of appellant No. 1 and that soon after purchase of the vehicle, he noticed that tyres, of the vehicle were wearing out rapidly and excessively. Matter was brought to the notice of the appellants, who told that wheel balancing was required and he was asked to get the same done, at some workshop. Respondent alleged that he spent money on getting the wheel balancing done, but the problem persisted. On these allegations, he filed a complaint, under Section 12 of the Consumer Protection Act, 1986, seeking issuance of a direction to the appellants, to replace all the rims of the vehicle and also to pay Rs. 1.00 lac, as compensation.

(2.) COMPLAINT was contested by the appellants, who alleged that complaint of wobbling of tyres was made and on inspection, it was noticed that the vehicle had been mishandled and driven by inexperienced people, which resulted in damage to the rims.

(3.) WE have heard learned Counsel for the appellants and gone through the record. Nobody put in appearance on behalf of the respondent, despite service hence, he was proceeded against ex parte, vide order dated 5.11.2014, of this Commission.