Honda Cars India Limited vs Sudesh Berry

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(SC) 1216

UDAY UMESH LALIT, S. RAVINDRA BHAT
Honda Cars India Limited – Appellant
Versus
Sudesh Berry – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. Jagdev Singh, Adv., Mr. Umesh Dubey, Adv., Mr. Sachin Saini, Adv., Mr. Alok Pandey, Adv., Mr. Manoj K. Mishra, AOR
For the Respondents: Mr. K.P. Berry, Mr. Abinash Kumar Mishra, AOR

Table of Content
1. challenge against national commission's order. (Para 2 , 3 , 4)
2. district forum's observations on liability. (Para 5 , 7)
3. continuation of appeals through commission. (Para 6 , 8 , 9)
4. manufacturer's liability established. (Para 10 , 11)
5. court's justification for appeals. (Para 12 , 13)

ORDER :

1. Leave granted.

2. This appeal challenges the order dated 20.01.2020 passed by the National Consumer Disputes Redressal Commission, New Delhi (“National Commission” for short) in Revision Petition No.2308 of 2017.

3. The appellant manufactures “Honda City Cars” and one such car was purchased by respondents no.1 to 3 herein in the year 1999. The car continued to be under their ownership and possession till 26.09.2010 when the car suffered damage in an accident which occurred at Dabri Bus Stand, New Delhi. The car was taken to the authorized service centre (respondent no.5 herein) for repairs. The car was insured and, as such, the surveyor of the insurance company found the estimated cost of repairs at the level of Rs.1,50,000/-.

4. Alleging deficiency on part of the appellant herein as well as the dealer and the service centre, respondents no.1 to 3 filed complaint no.DF.

Click Here to Read the rest of this document