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Whenever a consumer purchases a brand new car, and that too on the representation that the vehicle is of very high quality and potency and standard because of the advanced technology, and pays heavy amount, he does so only to avoid any hardship or inconvenience that is caused by purchasing a second hand vehicle.

 

8. If a brand new vehicle starts giving problem within a short duration of one month and is taken to the garage time and again at the cost of time and expenses incurred by the consumer, the amount of mental agony, harassment and emotional trauma and physical discomfort the consumer suffers is immeasurable in terms of money, though money is known as the panacea for all maladies.

 

10. Wherever a question crops up for determining whether the vehicle is defective or not the factum of the vehicle being taken to the garage time and again for removing one defect or the other has to be ascertained on the anvil of the definition of the word defect provided by Sec. 2(1)(d) of the Act. As per this definition, defect means any fault, imperfection, short coming 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 expressed or implied or as is claimed by the trader in any manner whatsoever in relation to any goods.

 

11. While applying the aforesaid standard of the quality, potency and nature of the goods in respect of a vehicle the visits of a consumer to the garage, number of defects which are pointed out and showed in the job card and rectification and removal of these defects effectively, are certain factors for determining and deciding whether the vehicle is so defective that needs immediate replacement.

 

12. In modern days busy life, no person has time to take a brand new vehicle every second day or once in a month to the dealer or to the manufacturer for removing one defect or the other because he incurs so much expense and time at the cost of his business or profession that requires adequate compensation.