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A. P. SAHI, INDER JIT SINGH
Ravindra Nath Sharma – Appellant
Versus
Krishna Auto Riders Pvt. Ltd. – Respondent
ORDER
Heard learned counsel for the petitioner/complainant and learned counsel for respondent no.3/manufacturer.
2. No one has responded on behalf of respondents No.1 and 2/dealer.
3. The petitioner/complainant purchased a Hyundai Santro Car on 28.03.2009 for a sum of Rs.3,45,913/-. According to the petitioner/ complainant, the vehicle was defective, inasmuch as the wheels used to start wobbling as the car picked up a speed of 40 kmph. This defect was reported to the dealer. Learned counsel for the petitioner/complainant has invited the attention of the Bench to a chart that has been produced from page 145 to 153 of the paper-book giving the date-wise visits to the dealership for repairs.
4. It is urged that the said defects were initially looked into and attempted to be rectified but inspite of replacing the wheels and tyres, the wobbling continued to persist. According to the petitioner/complainant, there were 40 to 50 repetitive visits which were made to the dealer but with no effective response and the defects continued with the wheels of the vehicle wobbling soon after its purchase.
5. The dealer had contested the matter by contending that every defect was attended to and remo
Purchase of vehicle – Manufacturing defect – Impleadment of manufacturer – Defect & allegation of deficiency was existing as a cause & it was continuing even upon filing of complaint – Bar of limitat....
“Compensation for manufacturing defect in the car purchased upheld.”
The court ruled that a manufacturing defect requires substantial evidence; observed minor issues in vehicles do not justify replacement without such evidence.
(1) Manufacturing Defect – The term ‘Manufacturing Defect’ as defined by Black’s Law Dictionary is a deviation from design specifications during production resulting in a product’s defect, frailty or....
(1) Defect – It is well-established that if a defect in goods cannot be determined without proper analysis, an independent expert report is required under Section 13(1)(c) of the Act.(2) Corporate Do....
“Unapproved fitment” - Merely typing the expression “unapproved fitment” does not even by preponderance of evidences show that there was any unapproved fitment.
(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....
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....
The requirement of substantial evidence to support claims of manufacturing defects in consumer protection cases is essential for claims to be upheld.
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