SUBHASH CHANDRA, J. RAJENDRA
Mahinder Bansal – Appellant
Versus
Hyundai Motors India Limited – Respondent
ORDER
Subhash Chandra, Presiding Member—This Revision Petition under Section 21 (b) of the Consumer Protection Act, 1986 (in short, “the Act”) challenges order dated 16.02.2016 of the Haryana State Consumer Dispute Redressal Commission, Panchkula (in short, the “State Commission”) allowing Appeal No. 964 of 2015 and setting aside the order dated 31.08.2015 of the District Consumer Disputes Redressal Forum, Jhajjar (in short, “District Forum”) in Complaint Case No. 108 of 2014.
2. We have heard the learned counsel for the parties and given careful consideration to the material placed on record and the arguments urged before us. The delay of 21 days in the filing of the revision petition was condoned in the interest of justice.
3. The relevant facts of this case, in brief, are that the petitioner had purchased an I-20 ASTA CRD1 car on 04.04.2013 for a consideration of Rs.7,79,000/- from respondent no.2 which was duly registered with registration number HR14 J8011. The vehicle was covered with warranty for a period of 36 months or 80,000 kilometres from the date of delivery. On 14.08., after running for 8500 kms the car met with an accident due to failure of brake near Karnal. The peti
(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....
Scope in a Revision Petition is limited.
“Unapproved fitment” - Merely typing the expression “unapproved fitment” does not even by preponderance of evidences show that there was any unapproved fitment.
The requirement of substantial evidence to support claims of manufacturing defects in consumer protection cases is essential for claims to be upheld.
Well reasoned orders – Both the State Commission and District Forum have issued well-reasoned orders, duly and appropriately addressing the issues raised by Petitioner.
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 court ruled that a manufacturing defect requires substantial evidence; observed minor issues in vehicles do not justify replacement without such evidence.
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