In the absence of expert opinion on the alleged manufacturing defect with a Mahindra Marazzo eight-seater mid-size passenger vehicle, the Dakshina Kannada District Consumer Disputes Redressal Commission has directed the manufacturer to replace defective parts of the vehicle, purchased by a person, with brand new parts.
The District Consumer Commission passed this order while hearing a compliant filed by 56-year-old Jayakumar, a resident of Dharmasthala in Belthangady taluk of Dakshina Kannada.
In the complaint, Mr. Jayakumar said he purchased the vehicle from the showroom of Karnataka Agencies, the authorised dealer of Mahindra, in Mangaluru on July 4, 2019, by paying ₹18.28 lakh. Forty-five days after the purchase, the side mud luff and bumper of the vehicle came off and it had to be repaired. Then there was a breakdown of the vehicle for which it had to be taken to the service centre on August 7, August 17, and August 31, 2019. There were repeated repairs and most of the parts including engine were replaced.
Accusing the manufacturer of selling a vehicle with manufacturing defects, Mr. Jayakumar filed the complaint seeking refund of ₹18.28 lakh and compensation of ₹25 lakh.
In a statement, an authorised representative of Mahindra and Mahindra said vehicles manufactured by the firm undergoes stringent quality checks and road trails before it rolls out of the factory and sold by their authorised dealer. The vehicle in question has run for more than 40,000 km since its purchase.
The Commission comprising of president K. Prakash and members P.V. Lingaraju and H.G.Sharadamma, in their judgement on March 16, said the complainant has failed to produce an expert report/opinion to prove that the vehicle suffered from manufacturing defect. It relied on the 2006 apex court judgement in which the apex court held that the manufacturer couldn’t be ordered to replace the vehicle or refund its price merely because some defects reappear, which can be repaired or defective parts can be replaced under warranty.
Allowing the complaint in part, the District Commission directed opposite parties to replace forthwith defective parts of the vehicle with brand new parts within two months from the date of order. The opposite parties were directed to pay a compensation of ₹1 lakh for deficiency in service and litigation expense of ₹10,000 within one month from the date of order. Failing which, amounts shall carry an interest at 10% per annum till its payment, the District Commission said.
