Force Motors Limited vs Ravindran RP 3067/16 29/02/24 [ INDER JJ ]

[ NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI]

Consumer Law Defective Vehicle The petitioner challenges the order of the State Commission, Kerala, which upheld the order of the District Forum, Palakkad, in favor of the respondent a consumer who purchased a defective autorickshaw from the petitioner The respondent alleges that the auto-rickshaw failed to deliver the promised mileage of 35 km per litre, had excessive fuel consumption and engine issues, and became unserviceable during the warranty period, despite repeated attempts to rectify the defects by the dealer and the manufacturer The respondent seeks a refund of the price of the auto-rickshaw, Rs. 1,68,000/-, along with compensation for financial losses and mental distress caused by the defective vehicle – Both the District Forum and the State Commission find that the respondent is a consumer under the Consumer Protection Act, 1986, and that the petitioner is liable for deficiency in service and unfair trade practices – They rely on the inspection report of an expert commissioner, who identified manufacturing defects in the vehicle, and order the petitioner to pay Rs. 84,000/to the respondent as the price of the vehicle and Rs. 3,000/towards costs.

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