SWAMI BRIDGESTONENT Vs. SHYAMLAL JAISWAL

JUDGEMENT

(1.) This is an appeal under Section 15 of the Consumer Protection Act, 1986 ( the Act ) directed against the order passed by the District Consumer Disputes Redressal Forum, Ambikapur Surguja (hereinafter referred to as the District Forum ) in Complaint Case No. 191/2004. The District Forum has held the appellant/O.P. No. 1 deficient in service and directed payment of Rs. 10,000 as compensation to the complainant and also to pay Rs. 1,000 to O.P. 2 to O.P. 4 as cost of the complaint.

(2.) Complainant has averred that he purchased one Scorpio vehicle from O.P. 2 on 19.1.2003. Said vehicle was fitted with Bridgestone tyres from the date of purchase. Tyres were guaranteed for 3 years and within a few months of purchase one of the tyres got a 6 inches long tear and the metal wire got broken. As suggested by the O.P. 2, complainant contacted O.P. 3 the authorised dealer for the O.P. 1 stating that it was a manufacturing defect and requested for replacement. The tyre was not replaced despite request and legal notice dated 14.10.2004. A compensation of Rs. 41,000 has been prayed for.

(3.) O.Ps. 1, 3 and 4 have in reply stated that the tyres are covered by warranty against manufacturing defects. Warranty is given based on the use of the tyre up to 35,000 to 40,000 kms. of use and in case of manufacturing defect cost of the tyre proportionate to use is refunded.