MRF LIMITED Vs. ASHOK LUTHRA

JUDGEMENT

(1.) This is an appeal against the order dated 26.6.90 in Case No.348 passed by the District Forum.

(2.) The brief facts of the case are that Shri Ashok Luthra, the respondent, had purchased one MRF Cheetah tyre 3.50-8-4 Ply rating No. YT44 02568 in April' 89. The tyre suddenly burst on 13.8.89 and its tread got separated resulting in accident where both the respondent and his wife, sustained injuries. He complained to the Delhi Office of the Company on 20.10.89 who took the tyre from the complainant for inspection with regard to manufacturing defect. Sh. Rajeev Kaila, Technical Service Engineer of the Company accepted that the tyre in question had manufacturing defect of tread separation and issued the respondent an adjustment award Memo asking him to deposit Rs.71/- plus sales tax for replacing the tyre.

(3.) As the respondents request for the replacement of the defective tyre was not acceeded to by the Delhi Office he sent a written complaint dated 25.10.89 to the Company's Technical Service Manager at Madras. He received no reply. On 29.12.89 the respondent sent a registered letter to the Technical Service Manager of the Company and also to the Consumer's Relations Manager of the Company but he received no reply. The respondent finally lodged a complaint with the District Forum on 19.12.90 wherein he prayed for free replacement of defective tyre and Rs.5,000/- for losses suffered on account of his accident. The learned District Forum directed the. defendant to replace the defective tyre with a new one, within a month.