MRF LIMITED Vs. PARTAP SINGH

JUDGEMENT

(1.) THIS appeal has been directed by opposite party No. 3 against order dated 15.2.2000 passed by Consumer Disputes Redressal Forum -Yamuna Nagar at Jagadhri (hereinafter to be referred as District Consumer Forum), vide which the complaint of Partap Singh (respondent No. 1) (complainant) was accepted and the appellant along with respondent Nos. 2 and 3 were directed to pay cost of the tyre along with interest @ 12% p.a. from the date of receipt of tyre till the date of payment along with Rs. 500 as litigation expenses.

(2.) BRIEFLY stated the facts are that respondent No. 1 Partap Singh (complainant) had purchased two MRF tyres for Ford tractor of the size of 13 x 6 x 28 from respondent No. 2 (Tyre House) bearing No. A03093 in October, 94 and A03062 Oct. 94 on 26.10.94 for a sum of Rs. 13,700 vide bill No. 1775. However, one of the tyres bearing No. A03062 Oct. 94 cracked in the month of April, 96. Respondent No. 1 contacted respondent No. 2 several times to replace the said tyre as there was guarantee of 7 years from the date of purchase and the tyre had cracked due to use of sub -standard material after a period of 1 years from the date of purchase. On his persuasion, respondent No. 2 asked respondent No. 1 to deposit the said tyre with respondent No. 3 M/s. Punjab tyres which was accordingly deposited on 15.5.1996 against receipt No. 483.

(3.) IT was next averred that respondent No. 1 received a letter from appellant regarding its inability to replace the said cracked tyre.