Skip to main content

'Defect', 'Manufacturing Defect' and duty of the manufacturer to the consumer defined

In Maruti Suzuki India Ltd vs Dr. Koneru Satya Kishre & Ors, the NCDRC held that whether the defects pointed out in the vehicle come under the category of manufacturing defect or not, the matter has been considered by this Commission in a number of cases, and it has been held that a 'defect' in a vehicle may come under the category of 'manufacturing defect' or otherwise, a vehicle is said to be suffering from 'defect', if there is any fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard, which was required to be maintained under any law in force.  We are supported in this view in an earlier judgment of this Commission, delivered in, Revision Petition No. 7/2013, Malwa Automobiles Pvt. Ltd. vs. Sunanda Sangwan, decided on 20.09.2013. Although the petitioner/manufacturer has taken the plea that the vehicle did not suffer from any manufacturing defect and hence, they had no liability in the matter, but considering the view taken in the orders quoted above, it is very clear that the vehicle did suffer from 'defects', as it had to be taken to the workshop of the dealer from time to time.

 It would be seen from above that whether the 'defect' in the vehicle qualified to be called a 'manufacturing defect' or not, it was the duty of the opposite parties to take steps to remove the defects and provide the vehicle to the complainants in a road-worthy condition.  From the facts and circumstances on record, it is made out that the petitioner/OP-2 failed in the task to provide the vehicle in a road-worthy condition to the complainants and would therefore have to compensate the complainants.


Comments

Post a Comment

Most viewed this month

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...
7 comments
Read more

Flat owner without legal title has consumer rights

In a significant judgment, the South Mumbai Consumer Forum has held that a flat owner legally occupying the flat would be a consumer, even if his title to the flat might be in dispute before a competent court. Thurlow owned a flat in a co-operative society. Appuswami was residing with him. In 1976, Appuswami got married in the same flat, and his wife started residing in the same flat. They had three children, born and brought up in the same flat. After Thurlow expired in 2004, Appuswami approached the High Court for inheritance to Thurlow's estate but expired while the matter was pending. His wife and children were brought on record. Subsequently, the society intervened, contending Appuswami did not have any right to the flat and it should be handed over to the Society. The Appuswami family continued to reside in the flat, and even pay the society's outgoings and maintenance charges. Later, the society stopped collecting maintenance charges from all members, as it earned...
Post a Comment
Read more

NCLT - Mere admission of receipt of money does not qualify as a financial debt

Cause Title : Meghna Devang Juthani Vs Ambe Securities Private Limited, National Company Law Tribunal, Mumbai, CP (IB) No. 974/MB-VI/2020 Date of Judgment/Order : 18.12.2023 Corum : Hon’ble Shri K. R. Saji Kumar, Member (Judicial) Hon’ble Shri Sanjiv Dutt, Member (Technical) Citied:  Carnoustie Management India Pvt. Ltd. Vs. CBS International Projects Private Limited, NCLT Swiss Ribbons Pvt. Ltd. & Anr vs. Union of India & Ors. (2019) Sanjay Kewalramani vs Sunil Parmanand Kewalramani & Ors. (2018) Pawan Kumar vs. Utsav Securities Pvt Ltd 2021 Background Application was filed under section 7 of the Insolvency and Bankruptcy Code, 2016 alleging loan of Rs, 1.70 cr is due. The Applicate identified herself as the widow and heir of the lender but could not produce any documents proving financial contract between her Late husband and the CD but claimed that the CD has accepted that money was received from her husband. The applicant subs...
Post a Comment
Read more