The National Consumer Disputes Redressal Commission (NCDRC) on January 3 dismissed a revision petition filed by a complainant, who alleged that Nissan Motors had delivered a car with defects.
Further, the NCDRC upheld the order passed by the State Consumer Disputes Redressal Commission of Jharkhand that said that the complainant had failed to prove any defect in the vehicle.
‘Black smoke’
Complainant Pawan Kumar had alleged that the vehicle that he had bought from Nissan Motors emitted excessive black smoke and failed to deliver the performance that had been advertised. According to Mr. Kumar, despite repeated complaints, the dealer failed to rectify the defects in the vehicle.
Allowing the complaint, the district forum in Giridh had directed the opposite party to compensate the complainant by paying a sum of over ₹10 lakh.
However, the dealer consistently opposed the allegations and maintained that the defect had been rectified and that on completion of the servicing work, the vehicle had been used extensively by the complainant.
‘Manufacturing defect’
Observing the same, the State Commission in its order said, “It has to be held that the complainant could not prove that there was a manufacturing defect in the vehicle or there was any deficiency in service on the part of the manufacturer and the dealer. Further, in the present case, expert opinion was necessary for holding that there was manufacturing defect in the vehicle.”
‘Sketchy and vague’
Upholding the order passed the State consumer disputes redressal forum and dismissing the review petition, the NCDRC held, “The complaint filed by the complainant is very sketchy and vague and it does not give details of any manufacturing defect in the vehicle. The petitioner has admitted that he has not filed any documents which reflect the report of any mechanic that the vehicle emits black smoke more than the normal.”
