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A.L.BAHRI, JASBIR SINGH, D.K.BHAMRAH
BHUSHAN TYRE HOUSE – Appellant
Versus
HEM KUNT GASES PVT. LTD. – Respondent


Advocates:
Counsel for the Parties :
For the Appellants :Mr. Vinay Bhandari, Advocate.
For the Respondent:Mr. Sandeep Khunger, Advocate.

ORDER

Mr. Justice A.L. Bahri, President—The District Forum, Bathinda on April 28, 1998 allowed the complaint filed by M/s. Hem Kunt Gases Pvt. Ltd. with the direction to the opposite parties to refund the amount of Rs. 2,460/- alongwith Rs. 1,000/- as compensation and another sum of Rs. 1,000/- towards costs to the complainant, hence this appeal by the opposite parties, the dealer as well as the manufacturer of CEAT Tyres.

2. The complainant, a Company, is having fleet of cars for use by staff members. On July 18, 1997 the Company purchased four radial tyres from the dealer M/s. Bhushan Tyre House, Bathinda for a sum of Rs. 9,840/- against the bill (Annexure C-2). Within a week of fixing of tyres, one of the tyres deflated causing loss to the tube as well. The matter was immediately reported to the dealer who forwarded the complaint and the defective tyre to the manufacturer, the Ceat Limited. The claim having been repudiated on the ground that there was defect in the fitting of the tyre. District Forum was approached. The opposite parties took up the plea as stated above that there was defect in the matter of fixing of the tyre otherwise there was no manufacturing defect. The plea o









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