Manufacturer and dealer are jointly and severally liable for replacing defective components under warranty if the vehicle is unfit for use; however, a full refund for a 'manufacturing defect' requires corroboration by expert evidence.

JUSTICE ANOOP KUMAR MENDIRATTA, MEMBER

ORDER

1. Present Revision Petition has been preferred on behalf of Maruti Suzuki India Ltd./Opposite Party No.1 (Manufacturer) assailing Order dated 26.10.2017, passed by learned State Consumer Disputes Redressal Commission, Bench-2, Jaipur Rajasthan whereby the appeal preferred on behalf of respondent No.1/complainant was partly allowed and Order passed by the learned District Forum was modified. Learned State Commission thereby held Maruti Suzuki India Ltd./OP-1 (Manufacturer) and M.G. Motor/OP-2 (Authorized Dealer) in the original complaint, jointly and severally liable and directed to refund amount of Rs.2,72,150/- (price of Alto car) with interest @ 9% from the date of filing of the complaint. Further, Rs.20,000/- was awarded for mental agony caused to the complainant.

2. Petitioner {Maruti Suzuki India Ltd./OP-1(Manufacturer)}, Respondent No. 2 {Ms. M.G. Motors/OP-2 (Authorized Dealer)} and Respondent No. 1 (Raj Kumar Jain/Complainant) are hereinafter referred to as opposite parties and complainant respectively, as appearing in the complaint.

3. This is the second round of proceedings before this Commission. The complaint was initially decided by the learned District Forum vide Order dated 15.01.2013, whereby OPs were directed to change the engine and all four tyres of the car within two months of the passing of the Order. Also, amount of Rs.20,000/- was awarded towards financial and mental agony with cost of Rs.5,000/- within one month, failing which interest was payable @ 9% p.a. Aggrieved against the same an appeal was preferred by the complainant before the learned State Commission whereby vide Order dated 25.03.2014 learned State Commission directed OPs to refund amount of Rs.2,72,105/- (price of the Alto car) along with interest @ 9% p.a. to the complainant. Complainant was also awarded compensation of Rs.20,000/- for mental harassment. The said Order was assailed by Maruti Suzuki India Ltd. (manufacturer)/OP-1 by way of Revision Petition No.2468 of 2014 and the matter was remanded back by this Commission vide Order dated 13.01.2016 for deciding afresh, after observing that Order dated 25.03.2014 passed by the learned State Commission is not a speaking Order. The learned State Commission has thereafter again reiterated the earlier directions for refund of price of Alto car with interest @ 9% per annum vide impugned order dated 26.10.2017. Aggrieved against the same, present Revision Petition has been preferred by Maruti Suzuki India Ltd./OP-1.

4. In brief, complainant purchased an Alto LXI car on 30.11.2009 from M/s M.G. Motors/OP-2, for a sum of Rs.2,72,150/- after arranging finance of Rs.2,04,000/-. Within 15 to 20 days of purchase of the car, complainant faced issue of bloated tyres and accordingly approached OP-2/(Authorized Dealer). However, the issue remained unresolved. Within two months thereafter in January, 2010 and merely after traversing distance of 1500-2000 kms., the engine of the car seized while plying the vehicle. The car had to towed by complainant to Alwar wherein OP-2 (Authorized Dealer) changed half „car engine‟. The car remained with OP-2 for repairs for about a month. Thereafter, since the car was not gaining motion and sound also emanated from engine, complainant again approached OP-2 who changed all the three oil injectors. As per the complainant the same resulted in increase in oil consumption but the issue remained unresolved despite approaching OP-2. The car is, thereafter, stated to be in custody of OP-2. Grievance