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1 - 10 of 10 (0.22 seconds)The Code of Civil Procedure, 1908
C.N.Anantharam vs M/S Fiat India Ltd.& Ors.Etc.Etc on 24 November, 2010
"We are not in agreement the plea taken by the opposite parties, because the defects in the vehicle developed due to the manufacturing defect of the vehicle. In any case the defects developed within a week of its purchase. The manufacturer cannot wash its hands of raising plea that vehicles are transferred to dealer on principal to principal basis, as the warranty is by manufacturer and not of dealer. If any defect develops during warranty or some manufacturing defect is noticed during warranty, it is the manufacturer who is liable for replacement under warranty conditions. Hon'ble Supreme Court in C.N. Anantheran vs. M/S Fiat India Ltd., (2011)1 CPC 39, wherein also despite change of engine defects still remaining ordered for refund of entire cost with interest @12%. More so, the defects which have occurred in the vehicle while it remained parked in the workshop with the dealer, the same is the responsibility of the dealer and not of the manufacturer. The Inspection Note dated 12th August, 2011 supports the version of the Complainant. Thus, both the dealer as well as the manufacturer of the vehicle are responsible to supply a new vehicle to the complainant having manufacturing defect and for that reason no case for interference in the well reasoned order passed by the District Forum is made out."
Rajiv Shukla vs Gold Rush Sales And Services Ltd . on 8 September, 2022
Rajiv Shukla v. Gold Rush Sales & Services Ltd., (2022) 9 SCC 31 decided on 08.09.2022, wherein it was held as under:
M/S Narendran Sons vs National Insurance Co. Ltd. .3 ... on 7 March, 2022
Narendran Sons v. National Insurance Co. Ltd., 2022 SCC OnLine SC 1760 decided on 07.03.2022, wherein it was held as under:
Lourdes Sty.Snehanjali Girls ... vs M/S H & R Jhonson(I) Ltd.& Ors on 2 August, 2016
d. Lourdes Society Snehanjali Girls Hostel and Ors Vs. H & R Johnson (India) Ltd. and Ors. (2016 8 SCC 286) decided on 02.08.2016, wherein it was held as under:
Maruti Suzuki India Ltd vs Dr. Koneru Satya Kishre & Ors on 16 November, 2017
Reliance is placed on the Order of this Commission titled, Maruti Suzuki India Limited vs. Dr. Koneru Satya Kishore & Ors., 2017 SCC Online NCDRC 1974, decided on 16.11.2017, in which it has been held that
"If the vehicle suffered from defects as evidence by the repeated visits to the workshop then, the vehicle qualified to be called a manufacturing defect and it was the duty of manufacturer to take steps to remove the defects and provide the vehicle to the Complainants in a road worthy conditions."
M/S. Goldrush Sales And Services Ltd. vs Rajiv Shukla & Anr. on 4 January, 2016
"In exercising of revisional jurisdiction the National Commission has no jurisdiction to interfere with the concurrent findings recorded by the District Forum and the State Commission which are on appreciation of evidence on record. Therefore, while passing the impugned judgment and order [Goldrush Sales and Services Ltd. v. Rajiv Shukla, 2016 SCC OnLine NCDRC 702] the National Commission has acted beyond the scope and ambit of the revisional jurisdiction conferred under Section 21(b) of the Consumer Protection Act.
Ford India Private Limited vs M/S. Medical Eleborate Concept Private ... on 17 August, 2022
Learned Counsel for the Respondent/ Complainant argued that the Advocates representing the Petitioner failed to raise any objections to the inspection conducted by the members of the State Commission on 12.08.2011, after which the State Commission had passed the impugned Order dated 26.08.2011. The Complainant purchased the vehicle in question for Rs.7,25,617/- and used it only for 180 days before raising the present complaint. The Job Card had been filed with the District Forum. The vehicle experienced problems just 5-6 days after purchase, prompting the Complainant to take it to the service centre of Tayal India Motors Ltd. on 10.07.2007. After a few days, the vehicle had to be towed back on 23.07.2007, and it was again brought to the Tata Motors service centre in Ambala, Metro Motors on 01.08.2007. The vehicle was sent from the authorized service centre of Tata Motors Pvt. Ltd., Metro Motors, Ambala to Tayal Motors in Faridabad on 10.08.2018. The vehicle has been lying with Tayal Motors Pvt Ltd. since 10.08.2007. The Complainant relied on the order of the Supreme Court in Ford India Pvt Ltd. vs. M/S Medical Eleborate Concept Private Limited and Ors., Civil Appeal No. 4192-4194/2023, decided on 05.07.2023.
Sunil Kumar vs Sbi Life Insu.Co.Ltd. on 12 November, 2022
Sunil Kumar Maity v. SBI, 2022 SCC OnLine SC 77 decided on 21.01.2022 , wherein it was held as under:
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