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BINOY KUMAR
Tata Motors Ltd. – Appellant
Versus
Jogender Sharma Thr. Lrs. – Respondent
ORDER
These are two Revision Petitions filed one by the Manufacturer TATA Motors Ltd. being Petitioner in RP/4113/2011 and the other by Tayal India Motors Pvt. Ltd./ Dealer being Petitioner in RP/718/2012 against the common Order of the State Consumer Disputes Redressal Commission, Haryana, Panchkula (for short, State Commission) dated 26.08.2011, wherein the Appeal filed by the two Petitioners against the common Order of the District Consumer Disputes Redressal Forum, Faridabad (for short, District Forum) was dismissed. The District Forum had allowed the Complaint filed by Respondent No.1/ Complainant, Jogender Sharma (since expired) and ordered replacement of the vehicle on the ground of manufacturing defect or in the alternative jointly and severally refund the value of the vehicle being Rs.7,25,617/- to the Complainant along with interest @ 9% per annum.
2. Aggrieved by the Order dated 07.12.2009 of the District Forum, the Petitioners, Tata Motors Pvt Ltd and Tayal India Motors Ltd. filed their Appeal before the State Commission, which, vide Order dated 26.08.2011 dismissed the Appeals with the following observations:-
“We are not in agreement the plea taken by the opposite p
Scope in a Revision Petition is limited.
(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 requirement of substantial evidence to support claims of manufacturing defects in consumer protection cases is essential for claims to be upheld.
“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.”
The court ruled that a manufacturing defect requires substantial evidence; observed minor issues in vehicles do not justify replacement without such evidence.
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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