CEAT LIMITED Vs. DHIMAN EARTH DEVELOPER COMPANY

JUDGEMENT

(1.) -THIS appeal has been directed by opposite party No. 3 Ceat Limited against order dated 18. 2. 2008 passed by Consumer Disputes Redressal Forum-I, U. T. Chandigarh (hereinafter to be referred as District Consumer Forum), vide which complaint of respondent Dhiman Earth Developer Company (complainant) was accepted with costs of Rs. 5,000 and appellant along with respondent Nos. 1 and 2 M/s. Krishna Automobiles and JCB India Limited were directed to refund the amount of Rs. 30,000 with penal interest @ 12% from the date of filing of complaint i. e. 11. 9. 2006 till actual payment.

(2.) BRIEFLY stated the facts are that M/s. Dhiman Earth Developer Company-respondent (complainant) had purchased JCB machine by raising loan from Citi Finance Corporation of India against monthly instalments of Rs. 45,503 each from JCB India Ltd.-respondent No. 2 through its dealer i. e. M/s. Krishna Automobiles-respondent No. 1 vide bill dated 16. 10. 2004 for a sum of Rs. 17,73,680. Krishna Automobiles had issued the bill of JCB Ltd. When the said machine put to use then the tyres of the said machine went out of order under warranty period and the complainant approached M/s. Krishna Automobiles respondent No. 1 on 11. 12. 2004 and 3. 1. 2005 for replacement of tyres but despite repeated requests Krishna Automobiles and JCB India Ltd. did not replace the tyres and auto part of the machine.

(3.) IT was next averred that complainant was compelled to purchase tyres from its own funds vide bill dated 25. 1. 2005 for Rs. 30,000 so that JCB could be put to use. The tyres were manufactured by the appellant-Ceat Limited and as such all the three are liable to refund the amount of tyres.