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'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.


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