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B.N.P.SINGH, P.D.SHENOY
JEEWAN MOTORS (P) LTD. – Appellant
Versus
TARIQ IRSHAD – Respondent


Advocates Appeared:
Mr. M.S. Tahilramani, Advocate,Mr. T.K. Ganju, Sr. Advocate with Mr. Vaibhav Gupta and Mr. Nimish Chib, Advocates, for the Appellant; Mr. Ashish Bargale, Adcocate., for the Respondent

Judgement Key Points

Based on the provided legal document, the central legal issue concerns whether a vehicle exhibits a manufacturing defect based on its performance relative to its specifications and speedometer indications. The key points established are as follows:

  1. The existence of a manufacturing defect can be determined by comparing the vehicle's actual performance, specifically its attainable speed, with the speed indicated in the vehicle's specifications and on the speedometer (!) (!) .

  2. In the case discussed, the vehicle was claimed to be unable to attain the specified maximum speed (e.g., 126 km/h), despite the speedometer indicating a higher speed (e.g., 140 km/h). The inability to reach the indicated speed supports the finding of a manufacturing defect (!) (!) .

  3. The court emphasized that the discrepancy between the vehicle's actual performance and the specifications or speedometer readings is indicative of a defect, especially when the vehicle cannot perform as promised or expected based on its specifications (!) (!) .

  4. The responsibility for such defects can extend jointly to both the manufacturer and the dealer, particularly when the defect is established through performance testing and the manufacturer’s specifications, and when the dealer has been involved in the sale and subsequent testing or inspection processes (!) (!) .

  5. The assessment of manufacturing defects also considers whether the vehicle's performance aligns with the representations made in marketing or specifications, and whether the vehicle's inability to perform as indicated constitutes a deficiency warranting remedy, such as replacement or refund (!) (!) .

  6. In cases where the vehicle's actual speed falls short of the indicated maximum speed despite the speedometer readings, and this discrepancy is supported by evidence and testing, the court is inclined to uphold claims of manufacturing defect and order appropriate remedies (!) (!) .

In summary, the legal principle established is that a vehicle's manufacturing defect can be ascertained by demonstrating that it cannot attain the speed indicated in its specifications and speedometer, and such a discrepancy justifies consumer remedies including replacement or refund.


ORDER

Dr. P.D. Shenoy, Member - Mr. Tariq Irshad was the complainant before the District Forum. He had purchased a Maruti Gypsy (King ST said to be an improved model of 1300 cc) from the Revision Petitioners on 2.7.1998. The main grievance of the complainant was that the vehicle was not picking up the desired speed and could not be driven beyond 90-95 kms. per hour (for short kmph ). The vehicle was checked by the dealer, M/s. Jeevan Motors (P) Ltd. and some work was done on 18th August, 1998 as well as on 20th August, 1998 but there was no improvement. Subsequently, the dealer informed vide their letter dated 3rd December, 1998 that they are taking up the matter with the Maruti Udyog Ltd. (manufacturer) and requesting their service representative to visit and check the vehicle. Finally, on 8.2.1999 the complainant was informed that they had already carried out a road drive test of the vehicle on 8th December, 1998 and it was found that the vehicle could be driven upto the speed of 100 kmph. It was further explained that because of road condition and safety factor, no effort was made to drive the vehicle beyond 100 kmph.

2. Dissatisfied with the lack of remedial measures taken by the

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