Maruti Udyog Ltd vs Susheel Kumar Gabgotra & Anr on 29 March, 2006
The complaint regarding tyre was attended by the second opposite party to the entire satisfaction by replacing the tyre as a good will gesture. The impugned order of the Forum below directing to replace the vehicle after accepting 20% of the price or to refund the price of the vehicle retaining 20% of the price is not sustainable as the complainant had not produced the invoice of the vehicle and there is no manufacturing defect at all. Unless the manufacturing defect is proved the manufacturer is not liable to replace or refund of the price of the car. He also relied on the case of Maruthi Udyog Ltd Vs. Suseel Kumar Gabgotra II(2006)CPJ3(SC). The respondent has failed to prove the manufacturing defect without adducing proper or credible expert evidence as per the provisions of Sec.13(1)(c) of Consumer Protection Act. In the present case no expert examination was carried out by the first respondent. Further no assurance regarding the mileage was given by the opposite parties.