parties have made deficiency in service by not curing the defects of
the scooter during the warranty period. On filing a consumer
complaint before ... sent four
letters to the appellants with regard to defects in the scooter and the
appellants have not controverted the said statement of the
complainant
parts of the said scooter.
Grievance of the complainant is that day one the scooter was
purchased it was defective and main defect ... replaced because it was having manufacturing defect. Defect in
the clutch cannot be said to be complete manufacturing defect of
the vehicle
part if it is found to be damaged or defective, to mark scooter and
car parking area in the cellar to all flat owners ... connection and replace it any part of
it is found defective, to mark scooter and car parking area in the cellar to
all the flat
complainant free of cost is just and proper. The defects developed to the scooter of
the complainant are within warranty period ... duty of the opponents to remove the defect in the
scooter. Hence, the order passed by
the forum below is just and proper and sustainable
faced a lot of problems in the
scooter and found that there were many manufacturing defects
resulting into excessive engine vibration, unusually loud noise ... vehicle was having manufacturing defect and there
was no need to obtain separate certificate to prove
manufacturing defect and therefore, the District Forum allowed
crossing
the road, the accused while driving a scooter came from Kotla side i.e. on
the wrong side and struck against ... Nand Lal Dua. As per the report, the
scooter did not suffer from any mechanical defect.
18. During the course of the arguments, Ld. Defence
reached at the accidental
spot where the DTC bus and scooter in question were lying. He further
proved that on the basis of the rukka ... Uday Veer Singh
the scooter and DTC bus did not suffer from any mechanical defect.
34. IO SI Roshan Lal (PW12) duly corroborated the prosecution
police station Mayapur
and wanted in FIR no. 110/07 and other scooters were also stated to be
stolen from other police stations and therefore ... documents for three wheeler scooter
DL 1 RD 6634 and not for any other scooter. This is a mere defect in
the framing of charge
negligence of the respondent no. 1 also in
driving the offending scooter but there is also negligence and carelessness on
the part of the petitioner ... that respondent no. 1 was competent to drive
the scooter and there was no defect in his driving license. This issue is thus
decided against
replacement of the vehicle or for making allegations of
manufacturing defects or mechanical defect.
15. This Commission in the case of Mrs. Tara Devi Kedia ... refund of its price, merely because some defects (not
manufacturing defect) which can be rectified or defective part can be
replaced". In this regard
