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DEEPA SHARMA
Maruti Suzuki India Limited – Appellant
Versus
Vikas Khattar – Respondent
ORDER
Deepa Sharma, Presiding Member—The present Revision Petition has been filed against the order dated 01.12.2021 of the State Consumer Disputes Redressal Commission, Delhi (for short “the State Commission”) in Appeal No.1341 of 2013 whereby the Appeal of the Petitioner against the order of the District Consumer Disputes Redressal Forum VI, Delhi (for short “the District Forum”) in Complaint No.1257 of 2019 was dismissed.
2. The brief facts of the case are that the Respondent (hereinafter referred to as “the Complainant”) had purchased a Maruti Wagon R (LPG) car on 19.10.2007 for approximately a sum of Rs.4 Lakhs from automobiles dealer. Since according to the Complainant, the car was giving problem just after running 1610 kms, he had to take the car repeatedly to the workshop. As per the Complainant, the car had been taken to the service station for 27 times within two years of the purchase of the car, till the date of filing of the Complaint in 2009. The Complainant had placed on record the job cards. He had alleged that his car had defect of wobbling from the start and the tyres got damaged due to this defect and several parts of the vehicle were replaced during the warranty
“Unapproved fitment” - Merely typing the expression “unapproved fitment” does not even by preponderance of evidences show that there was any unapproved fitment.
“Compensation for manufacturing defect in the car purchased upheld.”
(1) Evidence - The District Forum in pursuance of its mandate under Section 13 was required to have the necessary evidence produced before it prior to drawing an adverse inference.(2) Order to replac....
The court ruled that a manufacturing defect requires substantial evidence; observed minor issues in vehicles do not justify replacement without such evidence.
The requirement of substantial evidence to support claims of manufacturing defects in consumer protection cases is essential for claims to be upheld.
Scope in a Revision Petition is limited.
Well reasoned orders – Both the State Commission and District Forum have issued well-reasoned orders, duly and appropriately addressing the issues raised by Petitioner.
The main legal point established in the judgment is that even in the absence of a manufacturing defect, the totality of the facts and the condition of the purchased vehicle may warrant compensation u....
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