APOLLO TYRES LTD. Vs. RATI RAM
DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION
APOLLO TYRES LTD.
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(1.) RESPONDENT purchased a tyre for his trolley from respondent -2 M/s. Surinder Tyres who was the dealer of the appellant. Admittedly the tyre was manufactured by the appellant
and carried a warranty of three years. After the use of two years the
tyre burst due to having been over -inflated. The dealer sent the tyre to
the appellant for either replacing it or repairing the defect. Appellant
vide its communication dated 9.2.2005 informed the dealer that after
carefully examining the tyre it is found that there is no manufacturing
defect and, therefore, it is not convered under the customer friendly
claim. Feeling aggrieved the respondent filed a complaint before the
District Forum. Appellant was proceeded ex parte as it did not appear in
spite of service of notice.
(2.) VIDE impugned order dated 2.5.2004, the District Forum has directed the appellant to either replace the defective tyre with a new
tyre of the same quality and a fresh warranty of 3 years or refund its
cost of Rs. 3,700 along with interest @ 9% from the date of filing the
complaint and also pay Rs. 1,000 as cost of litigation.
(3.) THROUGH this appeal the impugned order has been assailed firstly on the ground that the respondent has no locus standi as the tyre
was purchased by one Mr. Subhash Chand as intimated by the respondent -2
and secondly that had the rejection letter dated 9.2.2005 being brought
to the notice of the District Forum the appellant would not have suffered
the impugned order and lastly that no evidence was produced that it has a
Appellant appears to be labouring under the misconception that it is only on account of manufacturing defect in the goods that the
manufacturer is liable to replace the goods or rectify the defect or
compensate the customer. Under notion of customer friendly claim, it is a
misconception on the part of the manufacturers that customer friendly
claim is permissible if defect is of manufacturing nature. Customer does
not live on the mercy or friendship of the manufacturer or a trader. It
is the statutory right of the consumer to sue the manufacturer or trader
or provider of service for defective goods, unfair trade practice or
deficient service and seek compensation as to the loss or injury suffered
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