Excelsior Correspondent
Srinagar, Feb 14: High Court held that a consumer who finds that the vehicle he purchased from a company has a manufacturing defect is entitled to get the vehicle replaced.
The Division Bench of Justice Sanjeev Kumar and Justice Puneet Gupta said a car manufacturer can get away by repairing the defect only if there is a technical defect arising during the use of the vehicle and not where the vehicle had the manufacturing defect right from the start.
A consumer in his complaint had complained that his vehicle suffered from a technical snag from the very beginning and he brought this issue to the notice of the dealer early on, but that the dealer delayed resolution of the matter giving one excuse or the other.
It was submitted that Maruti Suzuki declined to give a replacement and proposed to repair the defect instead. Therefore, he approached the consumer forum seeking a replacement or a refund.
The consumer court directed the company to either replace the car for the consumer or refund the entire amount of Rs 1.94 lakh paid for the vehicle along with interest and costs.
The verdict was challenged before the High Court which proceeded to uphold the consumer court orders.
Court while dismissing the plea of company said there is no dispute that the vehicle i.e. Maruti Car 800 CC purchased by the aggrieved consumer had a manufacturing defect from the very beginning and, therefore, as is rightly held by the consumer court that it was a case of replacement of the vehicle by a new vehicle and not a case of repair.
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