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Judgment
THE complainant purchased Maruti Suzuki Zen on 25.1.1995 from the respondents for Rs. 3,04,973.55. His grievance was that the motor car was delivered with Mitchlon Tubeless Tyres, an unheard of brand in India and not suitable for Indian roads. THE rims were also found totally unsatisfactory and the mileage was advertised as 26 kms. per litre but in reality it was scarcely 13 kms per litre. THE complaint was dismissed by the Forum on 24.2.1997 for want of evidence. Aggrieved against it the present appeal has been preferred.
AS regards the tyres para 2 of the preliminary objections taken in the reply filed on behalf of respondent No. 2, is reproduced as under: "That since as alleged by the complainant the tyres have been replaced hence no case is made out for claiming compensation of any of the head under which the same has been claimed."
A perusal of this reply dated 28.2.1996 shows that the tyres have been replaced and the claim regarding the tyres stands satisfied. Since the complainant could not establish that the mileage was found scarcely 13 kms. per litre no interference is called for.
As regards the defective rims it has been averred in the complaint that these were altogether of different design and possessed five round holes instead of the pattern which was being followed earlier. A plea of Maruti Udyog that the rims suffered massive dent on account of road condition after heavy rain, in not convincing. The contention that the damage to the rims occurred on account of misuse or abnormal use is not acceptable. In his affidavit dated 24.2.1997 the complainant has clarified that the defects in the rims could be noticed only after actual use. Thus we find that the tyres have been replaced by the respondents voluntarily. The alleged low mileage could ''not be established by the complainant for want of evidence. But the deficiency of respondents in respect of the defective rims supplied to the complainant has been established. Consequently the impugned order is set-aside, the appeal is partly accepted and it is ordered that the respondents shall pay a sum of Rs. 1,320/- which was price of the rims within a period of two months. The parties are, however, left to bear their own costs. Appeal party allowed.