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A. K. TIWARI, SRIKANT PANDEY
Honda Cars India Ltd. – Appellant
Versus
Nikhlesh Gurudas Sukhramani – Respondent
ORDER
The following order of the Commission was delivered by A. K. Tiwari, Acting President:
This is an appeal by the opposite party no.1/appellant against the order dated 11.05.2016 passed by the District Consumer Disputes Redressal Commission, Gwalior (for short ‘District Commission) in C.C.No.420/2015 whereby the complaint filed by complainant/respondent no.1 has been allowed against the opposite party no.1 and 2.
2. The facts of the case as stated by the complainant in his complaint are that he had purchased a vehicle Honda Amaze car in the year 2013 from the opposite party no.2-dealer of the manufacturer the opposite party no.1. The registration number of the subject vehicle is MP-07 CB-8002. Thereafter he got the subject vehicle insured with the opposite party no.3-insurance company. It is submitted that on 11.07.2015 there was heavy rainfall in Gwalior and when he was returning from his relative’s place suddenly there was problem in the vehicle and stopped again and again. He immediately informed the opposite party no.2 and the opposite party no.2 towed his vehicle to their workshop for which he paid Rs.2000/- as towing charges to the opposite party no.2. It is submitted th
(1) Expert Evidence – The warranty obligation of the opposite party no.1 is only to the extent of repair or replacement of the part which is proved to be suffering from manufacturing defect within th....
1. Petitioner failed to prove that the car was run in flooded area.2. If any manufacturing defect occurred during warranty period, it was liable to be repaired by the petitioner free of cos
(1) Commercial Use Admission – A categorical admission of commercial use in the pleadings creates a jurisdictional hurdle. The Commission reaffirmed that whether a party is a “Consumer” must be decid....
Automobile – Repair charges of luxury vehicles are expected to be on higher side.
Sale of used and defective car – As long as complainant never claims benefit under warranty, question of impleading manufacturer does not arise.
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