Supreme Court: Appellate Courts Cannot Overturn Trial Court Verdicts Without Independent Reasons  ||  Supreme Court Acquits Three Men in 1979 Murder Case, Finding Serious Flaws in the Prosecution Case  ||  Supreme Court: Magistrate Cannot Order Filing of Chargesheet After Police Submit Closure Report  ||  Supreme Court: Landowners Cannot Claim Denial of Hearing After Failing to Avail the Opportunity  ||  Supreme Court: Property in Sale Deed Cannot Be Altered by Rectification Without Transferor's Consent  ||  Ahead of Rath Yatra, Orissa High Court Stays Release of 'Mahaprabhu Jagannath' Over Peace Concerns  ||  Gujarat High Court: Ancient Hindu Law Did Not Recognise Adoption of Girls Before HAMA  ||  Bombay High Court Orders DGP to Assess CCTV Systems and Footage Preservation at Police Stations  ||  Allahabad HC: Mother Receiving Maintenance from Real Son Cannot Claim it from Step-Son  ||  CCPA Imposes Rs.1 Lakh Penalty on SpiceJet Over Dark Patterns Used for Loyalty Programme Consent    

Hero MotoCorp Ltd. and Another Vs. Rajender Singh - (State Consumer Disputes Redressal Commission) (22 Jul 2024)

Expert evidence is an essential requisite to prove inherent manufacturing defect

MANU/SL/0011/2024

Consumer

Complainant purchased Motorcycle (Splendor) from dealer on 17.03.2018. The motorcycle had issues from the very first day it was purchased. The complainant brought the motorcycle for minor repairs on 11.04.2018. After a while, the motorcycle went out of order again and was brought in for repairs. After several rounds of repairs, the dealer told the complainant that the Motorcycle has an inherent manufacturing defect. Therefore, the complainant pleading deficiency of services and unfair trade practice on the part of the company and the dealer filed the complaint in District Consumer Commission-Bhiwani.

District Consumer Commission-Bhiwani preceded the matter ex parte. They ordered appellants to replace old motorcycle of complainant, with new one along with compensation of Rs.5000/- on account of harassment and litigation expenses. Aggrieved by this appellant presented this present appeal. The issue raised in the present case is can repeated repairs be considered evidence of a manufacturing defect?

It was observed that inherent manufacturing defects are something more than ordinary defects. To support the claim of inherent defect, the report of an expert is an essential requirement. To establish a claim for total replacement by a new vehicle; a complainant must prove by cogent, credible and adequate evidence supported by the opinion of the experts like automobile/mechanical engineer that vehicle suffered from inherent manufacturing defect.

Therefore, the Commission rejected the complainant's claim regarding replacement of a new motorcycle in place of an old motorcycle as it does not carry any credence. But the compensation of Rs. 5000/- awarded to complainant was “just, appropriate and reasonable compensation” as the complainant suffered harassment and agony by knocking the doors of the dealer time and again at regular intervals.

Tags : EXPERT REPORT   DEFECTS   COMPENSATION  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved