State Consumer Disputes Redressal Commission
J.K.Tyres Co.Ltd. Etc. vs Kishna & Ors. on 17 May, 2011
BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION, RAJASTHAN, JAIPUR APPEAL NO: 161/2011 J.K.Tyres Co. Ltd., Transport Nagar, Bhilwara, Head office- Opp. Pinkcity Petrol Pump, Jaipur Opposite party-appellant Vs. 1.
Kishna s/o Sh.Chatra, r/o Gilund, Distt. Chittorgarh Complainant-respondent
2. M/s.
Shri Tirupati Tractors, Prop. Babulal Maroo, Udaipur Road, Nimbahera, Distt. Chittorgarh
3. Sonalika International Tractors Ltd., Chak Gujara, Post Pipalwala,Jalandhar Road, Hoshiarpur, Punjab.
Opposite parties-respondents APPEAL NO: 352/2011 M/s.
Shri Tirupati Tractors, Prop. Babulal Maroo, Udaipur Road, Nimbahera, Distt. Chittorgarh Opposite party-appellant Vs.
1. Kishna s/o Sh.Chatra, r/o Gilund, Distt. Chittorgarh Complainant-respondent
2. M/s.
Shri Tirupati Tractors, Prop. Babulal Maroo, Udaipur Road, Nimbahera, Distt. Chittorgarh 2
3. J.K.Tyres Co. Ltd., Transport Nagar, Bhilwara Opposite parties-respondents APPEAL NO: 580/2011 Sonalika International Tractors Ltd., Chak Gujara, Post Pipalwala,Jalandhar Road, Hoshiarpur, Punjab.
Opposite party-appellant Vs.
1. Kishna s/o Sh.Chatra, r/o Gilund, Distt. Chittorgarh Complainant-respondent
2. M/s.
Shri Tirupati Tractors, Prop. Babulal Maroo, Udaipur Road, Nimbahera, Distt. Chittorgarh
3. J.K.Tyres Co. Ltd., Transport Nagar, Bhilwara Opposite parties-respondents 17.5.2011 Before:
Mr.Justice Ashok Parihar- President Mrs.Vimla Sethia-Member Mr.Vinay Kumar Chawla- Member Mr.Vishnu Dayal Sharma counsel for J.K.Tyres Ltd.
Mr.B.L.Aheer counsel for Shri Tirupati Tractors Mr.Anil Bhatia counsel for Sonalika International Mr.P.L.Sharma counsel for the complainant Kishna 3 BY THE STATE COMMISSION The appeals are directed against the order dated 28.12.2010 passed by the District Forum,Chittorgarh by which in a matter of defective tyres of the tractor the appellants have been directed to change all the four tyres within one month and further to pay a sum of Rs.20,000/- to the complainant for mental agony and legal expenses.
After hearing the counsel for the parties we have carefully gone through the material on record.
The submission of the learned counsel for the appellant M/s.J.K.Tyres Co. has been that since the tractor was not used in a proper way, the tyres got damaged. It has been submitted that generally the tractor is used for agriculture purpose only. However, the complainant used it for mining purpose also. Under these circumstances the tyres got damaged.
There is no allegation of any of the parties that even the tractor was damaged because of that use by the complainant. Only the tyres got damaged within one year from the purchase of the tractor. The learned counsel for the company could not submit as to whether there were any conditions for using the tyres on a particular vehicle. There is also no allegation that the complainant deliberately damaged the tyres with some undue pressure or otherwise.
Having considered entire facts and circumstances, we find no error or illegality in the impugned order passed by the District Forum so as to call for any further interference by this 4 Commission.
All the above appeals are dismissed accordingly as having no merits. The appellants may now comply with the order passed by the District Forum within 30 days from today.
Member Member President