that the cracks had not appeared due to any manufacturing defects; the resultant disputes
were referred to arbitration leading in the Impugned Award.
3. Before ... sleepers were
manufactured according to specifications as per the contract and that the
cracks were not due to any manufacturing defect and that the issues
concerned, the reply attributed it to poor
workmanship and a manufacturing defect, both the responsibility of HAL.
The conclusions of the Court of Inquiry ... stated that HAL was yet to
accept responsibility of the manufacturing defect.
15. Countering the respondent‟s objection that the writ petition was
inordinately delayed
concerned, it is a
manufacturing company and the complainants were not
pointed out or shown any manufacturing defect ... material that the
accident occurred as a result of any manufacturing defect. If
there be any deficiency in service by the dealer or the authorized
that a defective car was sought to be sold as a
brand new car and instead of acknowledging the defects, the
manufacturer chose to deny ... rings were defective.
They would not have so acknowledged unless it was a defect at the time
of the delivery. Had this defect occurred
past and the facts show that defects
existed in some of the items manufactured and sold, then
provision made for warranty in respect of such
there is
manufacture and sale of an army of items running into thousands
of units of sophisticated goods, the past event of defects being
detected ... been
manufacturing Valve Actuators in large numbers. The statistical
data indicates that every year some of these manufactured
Actuators are found to be defective
products. The said goods were being
manufactured at its factory at Modipuram. In the process of such
manufacturing, a small quantity of rubber compound ... various stages of the
manufacture, some quantity of rubber cuttings emerged which were also
treated as waste. The substandard and defective goods were destroyed
performing correctly. According to it, though manufacturers are approved by the BIS, each and every meter manufactured by them are not in conformity with ... quality. In case of any defect in the meters, the consumer would hold the respondent liable for the defect. In these circumstances the DJB decided
components of wall and ceiling system should be from the
same manufacturer for the following-
1. Subframe/ Structure
2. Wall Panels
3. Angular Wall Comers ... ceiling system
from the same manufacturer was added to the tender specifications to ensure
compatibility, smooth change of defective components and to assure quality
Daisy N. Bharucha
submitting inter alia that ‘ASR Hip’ manufactured by opposite parties was
defective resulting into loss of health and comfort of the complainant
