1. Dr. Muhammad Javed, the petitioner, purchased Suzuki ALTO VX Car from The Falcon Motors, Lahore Road, Sargodha in November, 2007. He felt some problem in Gear Box of his car, so, he visited The Falcon Motors, Lahore Road, Sargodha for its repair on 21.11.2008. Though his Gear Box was changed yet he was not satisfied with the performance of technicians of the Falcon Motors. He has approached to this court with the complaint that during changing Gear Box of his Car, the technician of Falcon Motors did not take proper care of Cluch Plate and Finger Plate. He has further alleged that all the four tyres provided with his Car have become unbalanced due to manufacturing faulth. He requested that The Falcon Motors, Lahore Road, Sargodha, the respondent, be directed to change his Cluch Plate, Finger Plate and also four Tyres of his car. The Falcon Motors, Lahore Road, Sargodha, the respondent, contested this claim and submitted that nothing is wrong with the Cluch Plate and Finger Plate of the Car of petitioner. They did not agreed about the tyres being unbalanced. During trial on 03.03.2009 it was agreed between the petitioner and General Manager of the Falcon Motors, Lahore Road, Sargodha that dispute of Tyres be refer to Toyota Motors, Lahore Road, Sargodha and the be decided in the light of their report. Resultantly dispute about tyres was referred to Toyota Motors, Lahore Road, Sargodha with the direction is to see that whether the Tyres are balanced or unbalanced. Toyota Motors submitted his report on 17.03.2009 but report was not made in the light of order of this court, therefore, concerned person was summoned from Toyota Motors. Mr. Atif Hassan Deputy Manager Services appeared before the court on 24.03.2009 and he stated in the court his report is not accordance with the orders of this court because he could not understand the Roobkar. He was directed to submit fresh report that a day but he requested that his statement be recorded. In his statement, he clarified that the Tyres of vehicle of petitioner are unbalanced in the presence of Manager of Falcon Motors. Case was adjourned to 31.03.2009 because the counsel of respondent was not present that date. Today the counsel of respondent appear and stated that since statement was not recorded in his presence, therefore, this case be decided after taking evidence. Petitioner submitted that in the light of agreement dated 03.03.2009 this dispute is be decided in the light of statement of Deputy Manager Services of Toyota Motors recorded on 24.03.2009.
2. I have considered the arguments. Contention of petitioner is correct. It was agreed between the petitioner and Manager Falcon Motors that matter be refer to Toyota Motors and in the light of its report it be decided. Deputy Manager Services of Toyota Motors in his statement dated 24.03.2009 observed that Tyres of car of petitioner are unbalanced, therefore, now there is no reason to record evidence of respondent. Court is of the view that all the four Tyres of Car are defective due to manufacturing defect. Thus Suzuki Falcon, the respondent, is directed to change all the four tyres of the vehicle of the petitioner and also to pay Rs, 10000/- as compensation to petitioner to approach this court. Registrar, is directed to serve this order upon Falcon Motors Lahore Road, Sargodha through special messenger.