IMPORTANT POINT
Expert opinion must be taken in cases of automobiles having manufacturing defect.

Dr. B.C. Gupta, Presiding Member—These two revision petitions have been filed under section 21(b) of the Consumer Protection Act, 1986, against the impugned order dated 25.07.2011, passed by the State Consumer Disputes Redressal Commission, U.T. Chandigarh (hereinafter referred to as “the State Commission”) in Appeal No. 429/2010, Major General M. J. S. Virk vs. M/s. Honda Siel Cars India Ltd. & Anr., vide which, while allowing the said appeal, the order dated 06.10.2010, passed by the District Consumer Disputes Redressal Forum, U.T. Chandigarh, in Consumer Complaint No. 436/2008, filed by the present respondent no. 1, dismissing the said complaint, was set aside.

2. The facts of the case are that the complainant/respondent no. 1, Major General M. J. S. Virk purchased a Honda Siel Car from the opposite party (OP-2), M/s. Lally Motors Ltd. on 24.09.2006 against defence quota for Rs. 5,91,000/-. As per version of the complainant, given in the consumer complaint, he found the following manufacturing/inherent defects in the said vehicle:-

“(i) Excessive noise inside the car while driving with all windows closed as well as tyre noise.

(ii) Poor pick-up in hilly roads as well as failure to climb the hilly roads.

(iii) LHS frt. Seat garnish adjustment entangles with trousers and sarees as well as bumpy ride.”

3. The main grouse of the complainant is that the said car was having problem in climbing the hilly roads, even when only two passengers were sitting in it. The complainant brought the defects to the notice of OP-2, dealer, who tried to remove the said defects, but could not succeed. The complainant brought the matter to the notice of OP-1, manufacturer Honda Siel Motors also through e-mail, but they also did not take any action to rectify the same. Alleging deficiency on the part of the manufacturer as well as the dealer, the complainant filed the consumer complaint in question, seeking directions to the OPs to get the car replaced with a new vehicle and also provide compensation to him on various counts. The complaint was resisted by the OPs by filing written reply before the District Forum, in which they stated that the complainant had concealed the fact that the vehicle had met with an accident and repairs were got carried out from the respondents on payment basis. The complainant had been filed as a cover up for rash and negligent manner in which the car was being driven. The car was checked by the technical staff of the OP-2 against whom, no grievance had ever been made by the complainant. The initial complaint was made in the year 2006, but despite best efforts to redress his grievance, he was not satisfied. It was also stated in the reply that driving the vehicle in steep hilly areas depended upon the skill of the drivers and the allegation with regard to the difficulty in climbing the hilly areas was misconceived. The OP-1 stated that there was no manufacturing defect in the said vehicle.

4. The District Forum, after considering the averments made by the parties, dismissed the consumer complaint, vide their order dated 06.10.2010. It was observed by the District Forum that the complainant had not been able to prove from the job cards, placed on record, that there was any inherent manufacturing defect in the said vehicle. The complainant had relied only on the affidavit of Ravinder Singh Sohal to prove that it was a defective vehicle. Being aggrieved against the order of the District Forum, the complainant challenged the same by way of an appeal before the State Commission. The State Commission, vide impugned order, allowed the appeal, set aside the order of the District Forum and directed the OPs to replace the car with a brand new car. A sum of Rs. 20,000/- was allowed as litigation cost also and it was held that payment of compensation of Rs. 2 lakhs for deficiency in service was not justified, since the complainant had been using the vehicle in question.

5. Being aggrieved against the order of the State Commission,