[Resolved]  Maruti Swift VDI — Manufacturing defect of tyre from vendor.

Sir,

I, Mr Sayeed S/o Shamsher Khan, proprietor of Kamco Diesels, Fort Road, Belgaum, hereby complaint against the Maruti Swift VDI

[1] I am a businessman, residing in Belgaum along with my family. I had bought Swift VDI from our local dealer Shantesha Motors Pvt Ltd, Nehru Nagar Belgaum.
[2] I purchased the four wheeler ‘Swift VDI’ diesel driven vehicle of Chassis no MA3FKEB[protected] L8, Engine No D13A1158965 of Pearl Aretic White colour. I have purchase the said vehicle under the bill bearing no SA/DR/No I00885 dated 19/11/2008 from the above said Authorized Dealer of Maruti Suzuki India Ltd, having its place of business at Mujawar Compound, Nehru Nagar, Belgaum 590010.The aforesaid vehicle was attached with MRF tyres at the time when I purchased the vehicle. The aforesaid car is registered at Registration No KA 22 N 6981
.
[3] After the purchase of the aforesaid vehicle I used the same for my personal purpose for about 3 ½ months. On 07/03/2009, my son Feroz Sayeed Khan and two others were proceeding towards Pune. Feroz was driving the car at a normal speed ranging between 80 to 90 kmph. Suddenly at about 4.10 pm the vehicle started shaking on the road. Before Feroz and others could realize what is
happening, the vehicle gave a jump over the divider of the high way and went towards the other side of the road and dashed a tanker which was coming from the opposite direction. My son and others who were in the car realized that the front left side tyre had burst. Later on the other tyres of the right side in front and the left tyre at the back got cut due to impact of divider.Front left was the cause of accident as it was damaged from the edge near rim due to friction. The tyre of the car on front left was severely damaged because of its manufacturing defect. If at all the tyre is cut due to its contact with some sharp or hard object then there would be damage to the base surface of the tyre which comes into direct contact with the ground. Moreover the car was on the National Highway where the road is without any sharp objects on the road. Therefore the question of damage by contact of hard or sharp object does not arise. The manufacturing defect is clear and precise because there were clear cuts of the tyre at the rim of the wheel and not at the base of the tyre. Because of such defect the material from within the rubber layers of the tyre were popping out. This shows the clear negligence of the manufacturer of the tyres which are used by the Company at the time of assembling the aforesaid vehicle. The company ought to have tested the tyres before assembling the car which was delivered to us. If the Company would have taken care to inspect the tyres before their installation to the car which is delivered to me then the whole mishap would not have occurred. The car is damaged and is turned into a scrap because of the defective tyres installed by your Company.
[4] The accident in question has occurred due to the sheer negligence of the manufacturer of the tyres who has manufactured the aforesaid tyres by retaining defects in the same. The accident in question has occurred because of the negligence of the Company and also the tyre manufacturer. Therefore both are jointly and severally liable to all the damages and loss cause to me. Myself and my family suffered a terrific shock because of the accident. The vehicle which I had purchased with lots of enthusiasm has turned into a scrap.
[5] I had also spent a considerable amount for the purchase of other accessories from outside. I have availed loan from the Bank of India for the purpose of purchasing the aforesaid car. Now I am unnecessarily paying the installments of the loan amount and also the interest thereon. Thus I have incurred a heavy loss and hardship because of the defective tyres attached by the your company.
[6] After complaining to our dealer and company they are in return blaming us for rash driving which is pointless.MRF has given a fake report that tyre had damaged due to impact of some sharp object, whereas wires have come out from the rubber part due to friction on cement road. Maruti is complaining of rash driving that is 80 to 90 km/h, which is a normal speed on super highway. We are suffering both financial and mental harrashment due to this company.
Kindly suggest us to take the next step as we cant see any thing except to approach the consumer forum.

Yours sincerely,
Sayeed Shamsher Khan
(ph no 91-[protected])