Back
2026 Supreme(Online)(SCDRC) 5159
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION KANGRA AT DHARAMSHALA, H.P.
Hemanshu Mishra, President, Arti Sood, Member, Narayan Thakur, Member
Krishan Lal Kapoor – Appellant
Versus
JKR Motors Pvt. Ltd. – Respondent
Consumer Complaint No.-318/2024
For the Appellants/Petitioners: Priyanka Bhatt
For the Respondents: Vaibhav Katoch, Baljeet Kaur
A vehicle experiencing repeated failure of vital engine components within a low mileage span, supported by expert evidence of structural misalignment, constitutes an inherent manufacturing defect and deficiency in service, entitling the consumer to a replacement or full refund.
Headnote:The complainant purchased a high-value SUV which experienced premature failure of the power steering assembly and two catastrophic timing belt failures within 30,000 kilometers. Despite repairs under warranty, the vehicle continued to malfunction. The Commission relied upon an independent expert report stating that a misaligned timing bracket assembly caused the repeated failures, concluding that the vehicle suffered from inherent manufacturing defects. The primary issue was whether the vehicle suffered from an inherent manufacturing defect or if the breakdowns were due to wear-and-tear and driving habits. The Court reasoned that since a timing belt is designed to last 90,000 to 1,00,000 km and does not depend on driving skills, the repeated failure coupled with the admitted misalignment of the timing bracket assembly indicates a structural defect, making the vehicle potentially life-threatening. In view of the detailed findings recorded above, the present complaint is allowed, and Opposite Party No. 2 (the Manufacturer) is held liable for deficiency in service and for selling a vehicle with inherent manufacturing defects.
| Table of Content |
|---|
| 1. factual history of vehicle purchase and repeated mechanical failures of steering and timing belts. (Para 1 , 2) |
| 2. opposite parties' contention that failures were due to driving habits and were resolved under warranty. (Para 3 , 4 , 5) |
| 3. reliance on independent expert evidence to establish structural misalignment as the cause of premature failure. (Para 8 , 9 , 10 , 11 , 12) |
| 4. determination that warranty repairs do not absolve manufacturer liability for inherent life-threatening defects. (Para 13 , 14 , 15) |
| 5. awarding of replacement/refund, compensation for mental agony, and litigation costs. (Para 16 , 17 , 18 , 19) |
PER: Mr. Hemanshu Mishra, President:-
O R D E R
Facts giving rise to filing of this complaint are that the complainant booked a Tata Harrier XZA+ Dark Edition (SUV) by paying a booking amount of Rs.50,000/- via Google Pay to Opposite Party No.1 on 02-04-2024. The total consideration paid for the vehicle was Rs.21,40,775/-. The vehicle, bearing Engine No.46343841-4172484 and Chassis No. MAT631584NPD62221 was delivered by OP No.1 on 10-05-2022 and subsequently registered with the RLA office Jaisinghpur under registration number HP-56C- 7222 on 07-06-2022. According to the complainant, within the first 1000 kilometers of driving, the vehicle began experiencing prominent knocking sounds and regular vibrations in the steering assembly. Upon reporting this to OP No.1, the complainant was informed that there was a structural defect in the steering assembly. Consequently, on 30-05-2022, the opposite parties replaced the entire power steering assembly free of cost. In October 2022, while driving on a highway towards Chandigarh where speeds exceeded 80 km/h, the identical problem of intense knocking sounds and steering vibrations resurfaced. The vehicle was repeatedly brought in for routine checks and periodic paid services.
2. It is further pleaded that First Timing Belt Failure was occurred on 26-08-2023. The vehicle came to a sudden standstill on the highway between Hamirpur and Sujanpur. Despite registering a request for roadside assistance, the complainant and his family were stranded for 6 hours before the vehicle was towed to NG Automobiles. It took 15 days to replace the timing belt and its assembly. The complainant points out that a timing belt is a vital engine component that normally lasts between 90,000 to 1,00,000 kilometers. Second Timing Belt Failure on occurred on 27-03-2024 after running a total of only 26,711 KM and despite the complainant purchasing an extended warranty for 3 years for Rs.30,000/- on 06- 11-2023, the vehicle again ground to a sudden standstill near Palampur due to an identical failure of the timing belt assembly. The vehicle was towed the following morning and returned only on 09- 04-2024. Aggrieved by the recurring breakdown of vital mechanical components in a high-value SUV within a low mileage span, the complainant sent an email on 26-04-2024 alleging inherent manufacturing defects and demanding replacement or a refund, which the OPs failed to do. Alleging deficiency in the service on the part of opposite party(s), the complainant has filed the present complaint.
3. Upon notice, opposite party No.1 appeared through counsel and contested the complaint by filing reply. The OP No.1 admits that the Complainant purchased a SUV, specifically a Tata Harrier XZA+ Dark Edition. The OP admits that the vehicle’s steering assembly was replaced under warranty because the Complainant faced issues, thereby resolving the grievance free of cost. The OP denies allegations regarding a persistent knocking sound or steering wheel vibrations. Service records dated 14-10-2022 show that the Complainant raised no such complaints at that time. The OP denies that the timing belt breakage constitutes a manufacturing defect. The OP states that timing belt wear and breakage are highly influenced by driving manners. However, since the vehicle was under warranty, the belt was rep
