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BINOY KUMAR, SUDIP AHLUWALIA
Saya Automobiles Limited – Appellant
Versus
Anil Sharma – Respondent
ORDER
Sudip Ahluwalia, Member—This Revision Petition was originally filed by the Petitioner/ Opposite Party No.1 against Respondent No.1/ Complainant, Respondent No.2/ Opposite Party No. 2 and Respondent No.3/ Opposite Party No.3, challenging the impugned order dated 19.09.2018 passed by the State Commission, Delhi, in First Appeal No. 497 of 2012. However, vide order dated 25.11.2019, Interim Application no. 17914 of 2019 was allowed by this Commission whereby Respondent No. 3 was deleted from the array of parties.
2. Vide the impugned Order dated 19.09.2018, the Ld. State Commission had dismissed the Appeal while upholding the order dated 13.03.2012 passed by the District Consumer Disputes Redressal Forum (V) (North West District), Shalimar Bagh, Delhi in Case No. 2155/2000.
3. The brief facts of the case are that the Complainant had booked a Maruti Omni Ambulance with Opposite Party No.1 by paying an initial booking amount of Rs.1,52,000/- on 15.03.1996. The Complainant had booked the ambulance with an understanding that registered Nursing Homes/Hospitals would get 25% rebate on duty as per MUL Sales Policy Bulletin dated 24.08.1996. It is averred that the Opposite Party No.1 ha
The burden of proof lies with the insurer to justify claim repudiation, and lack of supporting evidence leads to a judgment in favor of the claimant.
The liability of the service provider hinges on actual failures in service, and insurers must accurately assess claims based on their policy obligations.
The manufacturer remains liable under warranty despite consumer use, especially when defects persist unresolved after multiple service attempts.
Manufacturing defect—Onus to prove manufacturing defect by way of inspection by an Expert would lie upon Complainant’s side—But this cannot be a water tight proposition in all cases.
The failure of a company to fulfill contractual obligations, including the provision of necessary documentation, justifies recovery of damages for losses incurred by the consumer.
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