IMPORTANT POINT
Expert opinion is not necessary where manufacturing defect is admitted by OP.

In this revision petition filed by Petitioner/Opposite Party No.1, there is challenge to impugned order dated 27.05.2015 passed by State Consumer Disputes Redressal Commission, Bihar: Patna (for short, ‘State Commission’).

2. Brief facts are, that Respondent No.1/Complainant purchased a Mahindra Maximo Vehicle from Petitioner/Opposite Parties No.1 and 2, an authorized dealer of Mahindra & Mahindra. Respondent No.1 paid Rs.one lac and balance amount was to be paid in installments. After two months from purchase of the vehicle, it started giving troubles. Respondent No.1 took the vehicle to the garage and same was repaired. However, it continued to give troubles and even after repairs it never functioned properly. It is further stated, that defects have developed twice in the engine of the vehicle. Lastly, respondent no.1 asked petitioner to give him another vehicle in lieu thereof or to give him compensation. Ultimately, it was decided that a sum of Rs.400/- per month shall be paid to respondent no.1, till the vehicle is repaired. Thereafter, on 13.12.2010 petitioner gave a cheque of Rs.11,600/- to respondent no.1 and balance amount would be given later on. It is stated, that vehicle in question has been lying being out of order in the workshop of the petitioner and he has neither repaired the same nor has replaced the same. Thus alleging deficiency, respondent no.1 filed a consumer complaint seeking following reliefs;

“(i) That, the respondent may kindly be directed to change the Mahindra Maximo of the applicant and give him another new Mahindra vehicle to the applicant without any delay.

(ii) That, the respondent may kindly be directed to give the amount of Rs.two lacs, which the applicant has spent in repair of the vehicle, and the amount of compensation against the financial, physical and mental agony suffered by the applicant without any delay to the applicant.”

3. Petitioner in its written statement has admitted the factum of purchase of the vehicle by respondent no.1 from it. It is stated, that respondent no.1 came along with his vehicle and technician found that self was burnt due to mishandling and negligent driving and the same was replaced without cost. It is stated, that it is the driver of the vehicle who has been driving the vehicle rashly and negligently. Further, petitioner admits that it has given Rs.11,600/- to respondent no.1 as a gesture and has not promised to pay any further amount. Lastly, petitioner admits that during warranty period, vehicle was repaired by the petitioner’s technician by changing so many parts.

4. District Consumer Disputes Redressal Forum, Begusarai (for short, ‘District Forum’) vide its order dated 03.04.2013 allowed the complaint and passed following directions;

“We, therefore, find and hold that the vehicle sold to the complainant by the OPs was defective from the very beginning. The vehicle was apparently purchased on 19.04.2010 and the OPs paid compensation of Rs.11,600/- to the complainant on 13.12.2010 which is within the period or warranty which substantiate the claim. We, therefore order that vehicle purchased by the complainant be replaced with new Mahindra Maximo Vehicle and down payment made by the complainant and the installments paid be adjusted towards the new vehicle.

Cost of Rs.5,000/-(Five Thousand Rupees) is also imposed on the OP. Order be complied within ……..(Illegible)….. This case is allowed.”

5. Being aggrieved, petitioner filed appeal before the State Commission which dismissed the same.

6. Notice of revision petition was issued to the respondents. Respondent No.1 put in its appearance through counsel. However, Respondent No.2 did not appear despite service and was proceeded exparte.

7. We have heard the learned counsel for petitioner as well as counsel for respondent no.1 and gone through the record.

8. It is submitted by learned counsel for petitioner, that Section 13(1) (c) of the Consumer Protection Act, 1986(for short, ‘Act’), mandates that where the co