RAMESH ANAND Vs. COCORD MOTORS LTD
DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Cocord Motors Ltd
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(1.) THE complaint of the appellant seeking compensation for having been sold defective Indica Diesel Car of DLX model was dismissed merely on the premise that there was no manufacturing defect in the car and if there was such defect the same could have been ordered to be removed.
(2.) FEELING aggrieved, the appellant has preferred this appeal.
(3.) WE are sorry to point out that the appellant had visited the garage on more than 33 occasions for removing the defect and there are large number of job cards. Merely because there was no manufacturing defect does not mean that the vehicle sold was not defective. Manufacturing defect in a vehicle saddles the manufacturer with the liability of replacing the vehicle by new vehicle and if the vehicle has such defects that it is taken to the garage time and again such a vehicle comes within the definition of defective goods as defect means any fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard which is required to be maintained by or under any law for the time being in force or [under any contract, express or implied or] as is claimed by the trader in any manner whatsoever in relation to any goods.
The circumstance of the appellant having taken the vehicle to the garage on such a large number of occasions was lost sight of by the District Forum while considering the question of loss or injury suffered by the appellant due to negligence of the respondent for selling such a vehicle.;
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