APOLLO TYRES LTD Vs. M.L. AGARWAL

JUDGEMENT

(1.) This is an appeal filed by the opposite party before the District Forum assailing the order passed by the District Forum.

(2.) The facts of the case stated briefly are as follows:

(3.) The complainant purchased 10 Apollo tyres from the dealer of the opposite party, M/s.S.V.Tyres, Secunderabad. The complainant submitted that the tyres have prematurely failed, busted, canvas visible, torn badly damaged and unfit for further use despite taking all precautions of inter change of wheels and tyres and keeping air pressure within 85 lbs and 105 lbs and carefully driving for about 27.000 Kms. against the assured guarantee of 80,000 Kms. groove/4 years from any manufacturing defects. The complainant submitted that he made a complaint to the opposite party on 28-6-2006 through letter about the damage of two tyres bearing Nos.RO 91270 Nov-05 and RO 41106-Nov.05 of size 10.00-20 Apollo XT 9 covered by bill No.6027 of 30-11-2005 of M/s.S.V.Tyres. The complainant submitted that the tyres were unfit for use and the expectations of the complainant were betrayed and asked the opposite party to send their Engineer or technician to assess the reasons but the opposite party refused to receive the letter. The complainant submitted that he had sent another complaint to the opposite party on 4-7-2006 and one more letter on 29-7-2006 stating that the 10 Apollo tyres have prematurely failed, busted, canvas visible, torn out badly, damaged and requested to replace all the tyres but the opposite party did not reply for the legal notice. Hence the complainant prayed to replace all the 10 defective tyres with new tyres or pay cost of Rs.98,000/- with interest at 24% p.a. from the date of purchase i.e. 30-11-2005 till the date of filing of the complaint i.e. Rs.22,600/- and Rs.20,000/- incidental charges, total amounting to Rs.1,40,600/- together with compensation of Rs.1,00,000/- and costs of Rs.10,000/-.