1. The petitioner has produced the disputed tyre in the court today which is handed over to the Ahlmed of this court for safe custody.
2. Arguments heard, record perused.
3. The main plea of the complainant is that he purchased a Panther Company Tyre, 6 ply for consideration of Rs. 1200/- with the guarantee of one year. He has alleged that after one month of purchase, the tyre busted. The complainant asked the respondent to replace the defective tyre with a new one but they refused. The complainant has faced monitory lose. He is respectable citizen and belongs to legal profession but the behavior of the respondents with him was actionable. The petitioner sent legal notice to the respondent which is mark A, postal receipts are mark B, mark C and mark D, original receipt of purchase is mark E, guarantee paper is mark F and visiting card of respondent No.3 is mark G. The respondent has submitted mark H which contains terms and conditions of the guarantee. Learned counsel for the petitioner has prayed for acceptance of the compliant and learned counsel for the respondents has prayed for dismissal of the complaint.
4. On perusal of record it is found that as per mark E, price of the disputed tyre is Rs. 1200/- , as per mark F there is guarantee of one year for the disputed tyre, mark G is visiting card of respondent No.3 which proves that the complainant approached respondent No.3 for his claim. The disputed tyre has been produced in the court by the complainant. It has been observed that there is a long cut in the disputed tyre which goes across. It has been proved that within one month of purchase the tyre became defective and respondent did not accept the claim of the complainant, although the defect in the disputed tyre had appeared within guarantee time. In these circumstances the complaint in hand is hereby accepted with costs. The respondents are directed to replace the disputed defective tyre with a new one and take back the disputed tyre or respondents will have to pay Rs. 1200/- to the complainant. Respondents are also directed to pay the counsel fee to the complainant. File be consigned to record room after its due completion.