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K. B. SANGANNANAVAR, M. DIVYASHREE, LADY MEMBER
Bharathi Prabhakar – Appellant
Versus
Jayachandran – Respondent
ORDER
K.B. Sangannanavar, Pri. Dist & Session Judge (R) - Judicial Member.—This is a complaint filed against OPs.1 & 2 seeking direction against them to pay the car value worth Rs.60,94,491/- and to pay general damages of Rs.20 lakhs totalling to Rs.80,94,491/- with interest at 18% p.a. or to replace the car with new car.
2. The brief facts of the case of the Complainant would be stated below:
Complainant has purchased the Q5QUATTDI 2.0 14 125 A 7S model Audi Car from OPs on 20.11.2012 for a sum of Rs.47,37,959/- and she has paid a sum of Rs.2,50,001/- towards accessories and she has paid road tax of Rs.8,93,506/- to the RTO Chickmagalauru and a sum of Rs.20,000/- is paid towards advance registration number allotment, Rs.1,03,900/- paid towards premiums for the insurance coverage. After the delivery of the car, she found that there was some noise coming out while applying the brake, this has been brought to the notice of OP.1. The Complainant took the vehicle for the first free service and complained regarding noise coming out while applying the brake. After the first service while delivering the vehicle OP confirmed that problem has been solved and no sound will come forthwith, bu
A complainant must prove manufacturing defect in a vehicle by adequate and admissible evidence supported by an expert opinion to claim total replacement or refund of the purchase price.
(1) Manufacturing Defect vs. Recurring Defect – A “manufacturing defect” generally requires expert analysis under Section 13(1)(c) of the Act. However, NCDRC clarified that if a new vehicle requires ....
The court concluded that a purchase made for business promotion does not exclude the purchaser from being classified as a 'consumer', and the allegations of misrepresentation were unsubstantiated.
(1) Vehicle need not necessarily have a manufacturing defect – Even if there is a defect within warranty period then liability can arise.(2) Admission is the best piece of evidence.
(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....
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