INDER SINGH MEHTA
Hero Moto Corporation Ltd. – Appellant
Versus
Meera Devi – Respondent
ORDER
Inder Singh Mehta, President.—The instant appeals are arising out of the common order dated 05.10.2023 passed by learned District Commission, Una Camp at Hamirpur, H.P. in consumer complaint No.234/2021 titled Meera Devi Versus R.R. Automobiles Centre & Anr.
Brief facts of the Case:
2. Brief facts of the case are that the complainant purchased a new Hero Super Splender Motorcycle bearing Chassis No.MBLIAW060K9G08417, Engine No.IA06EHK9 G08005 of RBIC colour from opposite party No.1/dealer on 15.08.2019. The motorcycle in question was registered in the office of Registering and Licensing Authority, Bangana vide registration No.HP-78-6710. Warranty for engine of motorcycle was for five years but after one year of its purchase the engine of motorcycle started giving noise problem which fact was brought to the notice of opposite party No.1/dealer. The opposite party No.1/dealer checked the motorcycle and after checking up, changed the engine oil. Thereafter, motorcycle was handed over to complainant with assurance that there will be no noise in the engine of the motorcycle now. But thereafter, engine of the motorcycle again started giving noise and a complaint was made to opposit
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) 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....
(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....
Manufacturers must rectify defects or refund if a product fails shortly after purchase within warranty, evidencing ongoing issues.
(1) Replacement – absence of any manufacturing defect in the vehicle, here the tractor, no replacement thereof could be claimed.
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