part of the said scooter, assuring the complainant that scooter
would give the trouble free service henceforward. The manufacturing
defect in the scooter ... cannot be manufacturing defect. No expert evidence was led by the
complainant to prove the manufacturing defect in the scooter. We
further rely upon
denied that the scooter became
defective again and again. There is no manufacturing defect in the
6
scooter. The periodic servicing and adjustments ... manufacturing defect lies on complainant. No expert evidence
produced to prove manufacturing defect in vehicle. Alleged defects cannot
be termed as manufacturing defect. Vehicle repeatedly
manufacturer, who is liable to replace the
defective scooter with new scooter free from any defect in view of warranty. Parties
hereinafter ... opposite parties with the request to replace the scooter with new one as the
scooter is defective one and that the warranty got the service
purchased the Activa
Scooter in exchange of his old scooter of 100 CC against invoice
24.05.2019. It was also registered. Said scooter ... replacement of scooter. Moreover, there is no force in the arguments
that scooter of the Complainant falls in the defective lot manufactured
between
kept the scooter for many days but failed to rectify the same.
It is alleged that the scooter developed a number of defects as detailed ... good.
10.
The vehicle may not suffer from manufacturing
defect but defect is defect may be of any nature. The word compensation in
the context
State Of Rajasthan vs Mohd. Sarvar Azmi @ Rajhans Yadav S/O ... on 29 March, 2023
Mohd. Saif @ Karian S/O Shadab Ahmed vs State Of Rajasthan on 29 March, 2023
alleged that the mechanic of Sakambari
Automobiles admitted that the Scooter had manufacturing
defect, which was beyond repair for which the complainant
demanded ... good the loss sustained by
the complainant. Moreover, by manufacturing a Scooter with
defects, the Petitioner must also be held to have committed the
offences
said scooter he observed that
initially, the said scooter was making a whistling sound when
the speed of the said scooter reaches 45KMPH, which goes ... MOTORCYCLE & SCOOTER INDIA PVT. LTD. & ANR.
throttle, that the said scooter achieves is 85 KMPH. The
Complainant argues that above defects
from several defects including uncontrolled automatic running,
defective main lock, brake wire issues and ultimately motor failure in
December 2023, rendering the scooter unusable. Despite ... complainant, was having manufacturing
3
defects and the failure of the opposite parties to repair or replace the
defective scooter amounted to deficiency in service