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2024 Supreme(Online)(NCDRC) 429

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
SUBHASH CHANDRA, Presiding Member, SADHNA SHANKER, Member
HONDA CARS INDIA LTD. – Appellant
Versus
USHAT GULGULE – Respondent


Advocates:
For the Appellants/Petitioners: Mr Amol Chitale, Ms Shweta Singh Parihar, Mr Sarthak Sharma, Ms Priya S Bhalerao
For the Respondents: Mr Sachin Saini

Table of Content
1. appeal challenges order directing compensation for airbag non-deployment. (Para 1 , 2 , 4)
2. facts of the case involving car accident and airbag malfunction allegations. (Para 3)
3. arguments contesting expert reports and presentation of defense. (Para 5 , 6)
4. resolving whether airbag non-deployment qualifies as manufacturing defect under act. (Para 7 , 8 , 9 , 10)
5. appeal allowed due to lack of expert evidence for defect premise. (Para 11 , 12 , 13 , 14)

ORDER

PER MR SUBHASH CHANRA

1. This appeal under Section 19 with Section 21(a)(ii) read with of the Consumer Protection Act, 1986 (in short, the ‘Act’) challenges the order dated 17.06.2016 of the State Disputes Redressal Commission, Maharashtra, Mumbai (in short, the ‘State Commission’) in Complaint Case No. CC/13/329 partly allowing the appeal and directing the appellant herein to pay compensation of Rs 1,00,000/- within two months to the respondent failing which to pay the same with interest @ 9% pa till realization along with costs of Rs 25,000/-. Appellant has prayed to set aside the impugned order and to dismiss the complaint with costs and to pass such order(s) as deemed fit and proper.

2. This order will al

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