INDER JIT SINGH, SADHNA SHANKER
Vilas Gangaram Shegle – Appellant
Versus
Telco Ltd. (Tata Motors Limited) – Respondent
ORDER
Dr. Sadhna Shanker, Member—This revision petition under section 21(b) of the Consumer Protection Act, 1986 (in short, the ‘Act’) assails the order dated 22.12.2022 in first appeal I No.583 of 2006 of the State Consumer Disputes Redressal Commission, Maharashtra (in short, the ‘State Commission’) vide which the appeal of the respondent/opposite party was allowed and the Order dated 16.02.2006 of the District Consumer Disputes Redressal Forum (in short, the ‘District Forum’) in Consumer Complaint No.152 of 2003 was set aside.
2. We have heard the learned counsel for the petitioner (hereinafter referred to as the ‘complainant’) and learned counsel for the respondent No.1 and perused the record. Respondent No.2 was proceeded ex parte vide order dated 06.01.2025.
3. The brief facts of the case are that on 08/12/1999, the complainant paid an amount of Rs.1,62,770/- to the respondent No.1 towards the purchase of a truck bearing Registration No.MH-07-643. The respondent No.1 is the manufacturer of the said vehicle while the opposite party No.2 is its authorized dealer. The total cost of the truck was Rs.6,77,665/-. The balance amount was financed by respondent No.1 and a Hire Purchase
(1) Automobile – Manufacturing defect – Mere fact that truck was purchased for earning livelihood through self-employment does not exclude complainant from definition of ‘consumer’.(2) Seizure of veh....
1) Appellant/Complainant owning 2 other tipper vehicles, using them to earn profit by giving on hire purchase basis to customers; hence, estopped to claim anything against Respondents alleging defici....
Deficiency in service occurs when repossession is conducted unlawfully without proper notice, violating consumer protection laws.
The court affirmed that the vehicle was legally repossessed due to the complainant's failure to repay the loan, with no proven defects in the vehicle.
(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) 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....
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 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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