Replacement not suggested if part repaired or replaced, vehicle works well
“It
is shameful that defective car was sought to be sold as brand new car, it is
further regrettable that instead of acknowledging the defect, company has
chosen to deny and go in appeal.”
This
was the observation made by the Hon’ble Supreme Court on 27 January, 2004
T nNo need to replace the vehicle with the new one if by repairing or replacing
any part, vehicle works well
Case
Law: Jose Philip Mampillil V/S Premier Automobiles Ltd. And Anr on 27
January, 2004
This
is the case where court has made certain points very clear:
1. In
case by repairing or replacing any part, vehicle works well, there is no need
to replace the vehicle with the new one.
2. If
vehicle is bearing a defect at the initial stage and knowing full well a
defective vehicle is sold, complainant is entitled to get compensation for
mental agony and harassment he has undergone.
3. If
the vehicle is sent for repair time and again and cannot be repaired, there is
no need to further obtain expert opinion for declaring manufacturing
defect.
The facts in brief leading to this case;
Premier 1.38 Diesel
Car, manufactured by the Premier Automobile was purchased by the complainant.
At the time of delivery of the car, he found defects in the paint of the car
and dealer promised to rectify the defects and called him again after some
days. The defects had not been cured when he went again; hence he was not
willing to take delivery of the car. He was persuaded to take delivery of the
car on the assurance that all defects would be cured. At this stage, it was
also noticed that the piston rings of the engine were defective and that there
was heavy leakage of oil. Thereafter the car was repeatedly sent to the dealer
for repairs but defects remained unrepaired.
District
forum ordered for repair of paint & parts and replacement of diesel engine.
Forum also ordered for compensation of an amount
of Rs. 40,000/- to be paid to the complainant apart from bearing the entire
cost of repair of the car. The liability to pay this amount shall also be joint
and several of both the Respondents.
When
matter came up before the Supreme Court, dealer took the plea in defence that
dealer during warranty is liable to repair the vehicle which has been done and
complainant is not entitled to any compensation for mental agony etc.
Further
it was also argued that compensation be paid by manufacturer only and dealer
has done what he could do.
But at the final stage SC considered it
for repairing as the parts piston ring and diesel engine developed defects
later on and was not the manufacturing defect. However court has observed
that dealer knowing fully well had sold a defective car which he could have
refused; hence both are equally liable for the cost of repair as well as
compensation. Clause 3 of Maruti Udyog manual was taken into
consideration.
"(3) Maruti's Warranty Obligation: If any defect(s)
should be found in a Maruti Vehicle within the term stipulated above, Maruti's
only obligation is to repair or replace at its sole discretion any part shown
to be defective with a new part of the equivalent at no cost to the owner for
parts or labour, when Maruti acknowledges that such a defect is attributable to
faculty material or workmanship at the time of manufacture. The owner is
responsible for any repair or replacement which are not covered by this
warranty."
Numbers of judgments of Supreme Court
have been taken into consideration for reaching to the conclusion:
Supreme Court in the case
of Maruti Udyog Ltd. Vs. Susheel Kumar Gabgotra and
another [(2006) 4 SCC 644] has held that where defects in various
parts of a car are established, direction for replacement of the car would not
be justified. “Replacement of the entire item or replacement of
defective parts only called for.”
In the case of Surendra
Kumar Jain Vs. R.C. Bhargava & Ors. [III (2006) CPJ 382 (NC)], the
radiator was found to be leaking from the bottom tank and had been replaced,
this Commission had taken the view that as many as 11 visits to the workshop
notwithstanding minor defects cannot be said to be manufacturing defect.
Dealer and Manufacturer
is principal to principal and not as principal and agent
1.
Case Law :Indian Oil Corporation V
Consumer Protection Council Kerala 2004 ,SC
In the case of Indian
Oil Corporation V Consumer Protection Council Kerala 2004 ,SC had held
that relationship between the dealer and manufacturer is principal to principal
and not as principal and agent .Hence both are liable for their own wrongs .
2. Honda Cars India
Limited vs Sudesh Berry on 12 November, 2021 SC
“ before the Supreme Court of India, the apex court overturned a decision of National Consumer Disputes Redressal Commission and reiterated that a vehicle manufacturer cannot be held liable for any defects in the performance of a dealer and/or an authorised service centre while servicing vehicles.
“As the
facts on record show that the car was used by respondents no.1 to 3 for more
than 10 years, whereafter it suffered an accident. There is not an iota of
material that the accident occurred as a result of any manufacturing defect. If
there be any deficiency in service by the dealer or the authorized centre in
rendering assistance for repairs of the vehicle, the manufacturer of the
vehicle cannot be held liable”.
3. TATA Motors Ltd. v. Antonio
Paulo Vaz & Another, 2021 SCC Online SC 125.
The above law on the point is very clear by the decision
of this Court in the above case also
Expert
opinion for declaring manufacturing defect in vehicle not necessary if could
not be repaird trying time and again
time and again
Case
Law;Tata Motors Ltd. &Others V/S Dr Anuj Paul Maini &others decided on
18.02.2014
National
Consumer Dispute Redressal Commission has pronounced an order on the same issue
further elaborating this theory in the matter of Tata Motors Ltd. &Others
V/S Dr Anuj Paul Maini &others decided on 18.02.2014. In this case,
complainant had purchased a Tata Indigo Marina Dictor and was delivered on
18.4.2007. On a local ride before issue of invoice, vehicle was found having as
many as eight defects which were removed without charging anything. Defects so
pin pointed were –
On
20.11.07 vehicle met with an accident finding dead animal on the road. It got
stuck and resultantly turned the steering to the left side and landed in a deep
trench and car was damaged. Complainant alleged manufacturing defect before the
consumer forum and obtained an order for replacement of the car with
compensation .State commission however ordered for Rs 3 lac to the complainant
for repair of the vehicle along with cost of litigation to the tune of Rs 2000/-
Now
matter had come before the National Commission. National Commission held that
the car went to the workshop as many as eleven times. Defect was admitted right
in the beginning even before issue of invoice which amounts to manufacturing
defect and it is presumed that it might have caused accident .Hence there is
absolutely no need to take expert opinion at this stage. SC also confirmed this
order
By
Dr Prem Lata
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