failed to prove that vehicle in question suffered from
any defect albeit manufacturing defect.
10. It was further pleaded that as per information received ... vehicle in question suffered from any
manufacturing defect and that the appellants failed to detect such manufacturing defect.
Respondent No. 1 had failed to adduce
vehicles from the manufacturer and the Tractors were sold as such, if without
any defect, that if there was any manufacturing defect in the Apollo ... manufacturing defect is not
proved. As said above, there is no plea, that the defect had occurred due to
manufacturing defect, by the Tyre Company
tyre of
the vehicle and has alleged that the said defects constitute
manufacturing defect in the vehicle and that the vehicle suffers from
inherent manufacturing ... prove manufacturing defect in the vehicle
lies on the complainant and further that expert evidence need to be
produced to prove manufacturing defect
miserably failed to rectify the defects, in the new machine/instrument
which had surfaced, because there were inherent manufacturing defects, in the
same ... machine, which is defective and could
not give proper/correct results, could be said to be suffering from inherent
manufacturing defects. The mere fact, that
denying manufacturing defect by the expert,
it does not mean that the vehicle in question was not having any manufacturing
defect. It has also been ... clear admission of the manufacturing defects.
Hence, we are convinced that the vehicle did suffer from manufacturing
defects. There is a clear case
very hard on the
manufacturer to replace the vehicle or refund its price merely because some
defect not manufacturing defect, appears which can be rectified ... entire car cannot be replaced for having defective
A.C. even if it had suffered from manufacturing defect.
34. The case of Seva Automotive
Manager of OP 1 about these defects, which continued to
recur showing that these were serious manufacturing defects and hence beyond
repairs. In view ... From this Mr. Narain contended that the defects complained of could not
be classified as manufacturing defects. He further submitted that under the
warranty clause
evidence at all
that these two defects, as herein above mentioned by the complainant, are the
manufacturing defects. It is further
argued that whenever ... erred in holding
the manufacturer guilty of deficiency-in-service or that the vehicle had
manufacturing defects. The Honble National Commission long back had held
rectification of the defects besides three free maintenance services but they
could not rectify the same being a manufacturing defect. Thereafter on 1.7.2010
the total ... defect. The mere fact that
the vehicle was taken to the service station on several occasions would not be
enough to prove the manufacturing defect
revealed that the tower
crane had failed because of design defect or manufacturing defect or poor
workmanship. Under the policy, the company undertook to indemnify ... following reasons:
1.
Design defect
2. Manufacturing defect
3. Poor workmanship
To
our understanding of CPM Policy none of the above is covered under
