KIA MOTORS (LANKA) LTD

Vs.

CONSUMER AFFAIRS AUTHORITY AND OTHERS

COURT OF APPEAL
OBEYESEKERE, J.
CA/WRIT/66/2013
MARCH 5, 2019

Writ of certiorari-Consumer Affairs Authority Act, No. 9 of 2003, sections 8(n), 13(1), 13(3), 13(4), 32(1)(d)-Complaint based on breach of implied warranty-Findings of inquiry panel-Quorum-Ratification of a decision-" Reasonably fit" for purpose-Proportionality-Fair balance between interests of consumer and trader

The 3rd respondent had purchased a brand-new vehicle from the petitioner. The vehicle began to have several issues, traceable to its upper radiator hose being loose at the time of delivery. The petitioner repaired the vehicle free of charge as it was within the warranty period. The issues with the vehicle were finally addressed with its gasket being replaced, after which the vehicle did not have any further problems. However, pending the delivery of the vehicle after the replacement of its gasket, the 3rd respondent made a complaint to the Consumer Affairs Authority (CAA) on the basis that a brand new vehicle should not have had such defects.

Consequent to an inquiry being held by a committee appoin