w w w . L a w y e r S e r v i c e s . i n



International Car and Motors Ltd. v/s Shyam Sundar Sen & Others


Company & Directors' Information:- K N INTERNATIONAL LIMITED [Active] CIN = U45201UP2002PLC026841

Company & Directors' Information:- V AND S INTERNATIONAL PVT LTD [Active] CIN = U74899DL1992PTC049964

Company & Directors' Information:- S S A INTERNATIONAL LTD [Active] CIN = U15122DL1995PLC068186

Company & Directors' Information:- A T N INTERNATIONAL LIMITED [Active] CIN = L65993WB1983PLC080793

Company & Directors' Information:- B R D MOTORS LIMITED [Active] CIN = U50101KL1999PLC012864

Company & Directors' Information:- D D INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909PB1995PTC016929

Company & Directors' Information:- T K INTERNATIONAL LIMITED [Active] CIN = U55101OR1982PLC001092

Company & Directors' Information:- SHYAM CORPORATION PRIVATE LIMITED [Active] CIN = U17120GJ2010PTC060509

Company & Directors' Information:- R F MOTORS PRIVATE LIMITED [Active] CIN = U50101KL2004PTC017259

Company & Directors' Information:- N R INTERNATIONAL LIMITED [Active] CIN = L74999WB1991PLC051738

Company & Directors' Information:- K J INTERNATIONAL LIMITED [Active] CIN = L15142PB1993PLC011274

Company & Directors' Information:- A K S INTERNATIONAL LIMITED [Active] CIN = U74899DL1996PLC076327

Company & Directors' Information:- S P INTERNATIONAL PRIVATE LIMITED [Active] CIN = U70100WB1994PTC063228

Company & Directors' Information:- B. K. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74999DL2006PTC157013

Company & Directors' Information:- AMP MOTORS PRIVATE LIMITED [Active] CIN = U34103DL2009PTC195418

Company & Directors' Information:- R S C INTERNATIONAL LIMITED [Active] CIN = L17124RJ1993PLC007136

Company & Directors' Information:- J C INTERNATIONAL LIMITED [Active] CIN = U51109WB1999PLC089037

Company & Directors' Information:- M T L INTERNATIONAL PRIVATE LIMITED [Amalgamated] CIN = U24219UP2001PTC025965

Company & Directors' Information:- T C N S INTERNATIONAL PRIVATE LIMITED [Amalgamated] CIN = U51311DL1996PTC080096

Company & Directors' Information:- M C P MOTORS (INDIA) PRIVATE LIMITED [Active] CIN = U50400KL2008PTC023604

Company & Directors' Information:- K V S INTERNATIONAL PRIVATE LIMITED [Active] CIN = U18101DL2003PTC120770

Company & Directors' Information:- G N INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909DL2001PTC110766

Company & Directors' Information:- S H A M INTERNATIONAL PRIVATE LIMITED [Active] CIN = U45200MH1994PTC079867

Company & Directors' Information:- M K INTERNATIONAL LIMITED [Active] CIN = U51909DL1996PLC083430

Company & Directors' Information:- V C MOTORS PRIVATE LIMITED [Active] CIN = U34100UP2007PTC033679

Company & Directors' Information:- V. G. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51101DL2007PTC162540

Company & Directors' Information:- SHYAM SUNDAR LTD [Active] CIN = U51909WB1951PLC019815

Company & Directors' Information:- D R INTERNATIONAL PRIVATE LIMITED [Active] CIN = U24132DL1996PTC079867

Company & Directors' Information:- R H INTERNATIONAL LIMITED [Active] CIN = U72900DL2007PLC159452

Company & Directors' Information:- G & G INTERNATIONAL PRIVATE LIMITED [Active] CIN = U17120DL2012PTC234047

Company & Directors' Information:- A & D INTERNATIONAL PRIVATE LIMITED [Active] CIN = U36109RJ2007PTC024176

Company & Directors' Information:- K A I INTERNATIONAL PRIVATE LIMITED [Active] CIN = U13100OR2007PTC009647

Company & Directors' Information:- C G INTERNATIONAL PRIVATE LIMITED [Active] CIN = U99999MH1996PTC097577

Company & Directors' Information:- K C INTERNATIONAL LIMITED [Active] CIN = U74899DL1994PLC060402

Company & Directors' Information:- V K MOTORS PRIVATE LIMITED [Active] CIN = U50403HR2003PTC035225

Company & Directors' Information:- M P INTERNATIONAL PRIVATE LIMITED [Active] CIN = U29130MH1997PTC107943

Company & Directors' Information:- A S INTERNATIONAL LIMITED [Strike Off] CIN = U74899DL1993PLC056158

Company & Directors' Information:- O P MOTORS PRIVATE LIMITED [Active] CIN = U50300HR2012PTC047773

Company & Directors' Information:- S. D. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74900UP2008PTC036047

Company & Directors' Information:- S AND I INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909DL1995PTC072210

Company & Directors' Information:- L T INTERNATIONAL LIMITED [Active] CIN = U74899DL1999PLC097892

Company & Directors' Information:- G P MOTORS PRIVATE LIMITED [Active] CIN = U74900UP2008PTC036535

Company & Directors' Information:- A. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51102GJ2008PTC053840

Company & Directors' Information:- S J M INTERNATIONAL LIMITED [Active] CIN = U52110DL1987PLC028571

Company & Directors' Information:- S B S INTERNATIONAL PRIVATE LIMITED [Active] CIN = U18101DL1997PTC085878

Company & Directors' Information:- R. A. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51225DL2008PTC177405

Company & Directors' Information:- B G INTERNATIONAL PRIVATE LIMITED [Active] CIN = U50300PB2014PTC038889

Company & Directors' Information:- S F INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74999PB2000PTC023654

Company & Directors' Information:- I K INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1995PTC066267

Company & Directors' Information:- C K INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1991PTC045625

Company & Directors' Information:- L A INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909PB2010PTC033683

Company & Directors' Information:- H R V INTERNATIONAL PRIVATE LIMITED [Amalgamated] CIN = U74899UP1993PTC057665

Company & Directors' Information:- P K MOTORS PRIVATE LIMITED [Active] CIN = U50101PB1991PTC011043

Company & Directors' Information:- T I MOTORS PRIVATE LIMITED [Active] CIN = U50102AS2000PTC006312

Company & Directors' Information:- K P INTERNATIONAL PRIVATE LIMITED [Active] CIN = U24110GJ2007PTC050026

Company & Directors' Information:- V S INTERNATIONAL PRIVATE LIMITED [Active] CIN = U85100MH1997PTC109647

Company & Directors' Information:- M. B. MOTORS PRIVATE LIMITED [Active] CIN = U34200WB2010PTC151115

Company & Directors' Information:- N N INTERNATIONAL PRIVATE LIMITED [Active] CIN = U01111DL1999PTC099094

Company & Directors' Information:- S R V INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74140DL2012PTC243060

Company & Directors' Information:- B A MOTORS PRIVATE LIMITED [Active] CIN = U34300HR2011PTC044271

Company & Directors' Information:- P T MOTORS PRIVATE LIMITED [Active] CIN = U50100GJ2010PTC062051

Company & Directors' Information:- P S N MOTORS PVT LTD [Active] CIN = U50300KL1952PTC000946

Company & Directors' Information:- A. R. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51900MH2010PTC228539

Company & Directors' Information:- B R INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1993PTC055562

Company & Directors' Information:- M J INTERNATIONAL PRIVATE LIMITED [Amalgamated] CIN = U74899DL1982PTC013231

Company & Directors' Information:- D N INTERNATIONAL LIMITED [Active] CIN = U36911TN1996PLC034205

Company & Directors' Information:- S. N. MOTORS PRIVATE LIMITED [Active] CIN = U34103WB2009PTC137690

Company & Directors' Information:- M. H. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U70102DL2007PTC164267

Company & Directors' Information:- M G T MOTORS PRIVATE LIMITED [Active] CIN = U01132MN1998PTC005548

Company & Directors' Information:- M G M INTERNATIONAL PVT LTD [Active] CIN = U74899DL1982PTC013580

Company & Directors' Information:- J J INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51109DL1992PTC047657

Company & Directors' Information:- L A MOTORS PRIVATE LIMITED [Active] CIN = U50300MH2005PTC158229

Company & Directors' Information:- H D INTERNATIONAL LIMITED [Active] CIN = U74899DL1994PLC060720

Company & Directors' Information:- K. A. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51101UP2012PTC049338

Company & Directors' Information:- J & G INTERNATIONAL PRIVATE LIMITED [Active] CIN = U18109DL2012PTC238392

Company & Directors' Information:- K R INTERNATIONAL PRIVATE LIMITED [Active] CIN = U17291DL2008PTC172188

Company & Directors' Information:- S P INTERNATIONAL PVT LTD [Strike Off] CIN = U99999UP1965PTC003091

Company & Directors' Information:- B C SEN & COMPANY LTD [Active] CIN = U27205WB1986PLC041069

Company & Directors' Information:- S MOTORS PRIVATE LIMITED [Active] CIN = U50101DL2001PTC111718

Company & Directors' Information:- J A V MOTORS PRIVATE LIMITED [Active] CIN = U50300TN2010PTC077638

Company & Directors' Information:- B C SEN (INTERNATIONAL) LTD [Amalgamated] CIN = U27205WB1992PLC056590

Company & Directors' Information:- B M INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1992PTC048736

Company & Directors' Information:- S G INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51109WB1998PTC086547

Company & Directors' Information:- B N INTERNATIONAL PRIVATE LIMITED [Active] CIN = U15412WB1999PTC089316

Company & Directors' Information:- V A INTERNATIONAL PRIVATE LIMITED [Active] CIN = U01111DL2000PTC104712

Company & Directors' Information:- K N MOTORS PRIVATE LIMITED [Active] CIN = U35991UP1997PTC022755

Company & Directors' Information:- S. J. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U27310DL2007PTC169438

Company & Directors' Information:- S U MOTORS PRIVATE LIMITED [Active] CIN = U29120MH1972PTC015891

Company & Directors' Information:- G. S. C. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U29120MH1994PTC080380

Company & Directors' Information:- G D MOTORS PRIVATE LIMITED [Active] CIN = U50200DL2009PTC189790

Company & Directors' Information:- A J INTERNATIONAL PRIVATE LIMITED [Converted to LLP] CIN = U74899DL1994PTC060818

Company & Directors' Information:- J S M INTERNATIONAL LIMITED [Active] CIN = U85110KA1996PLC020046

Company & Directors' Information:- N M INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74120MH2012PTC234492

Company & Directors' Information:- S S M INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909DL1997PTC089876

Company & Directors' Information:- A P J INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51909HR2010PTC040304

Company & Directors' Information:- T. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U72900DL1997PTC091049

Company & Directors' Information:- V R INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51101UP2011PTC043952

Company & Directors' Information:- M E C INTERNATIONAL PRIVATE LIMITED [Active] CIN = U33111GJ1963PTC082423

Company & Directors' Information:- J K INTERNATIONAL PRIVATE LIMITED [Active] CIN = U01100MH2004PTC144492

Company & Directors' Information:- D. S. R. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74999UP2010PTC039954

Company & Directors' Information:- R B INTERNATIONAL LTD [Strike Off] CIN = U18101WB1993PLC059515

Company & Directors' Information:- P Y INTERNATIONAL PRIVATE LIMITED [Converted to LLP] CIN = U51102RJ1995PTC010133

Company & Directors' Information:- R C INTERNATIONAL LIMITED [Strike Off] CIN = U51909TG1991PLC012477

Company & Directors' Information:- J J MOTORS PRIVATE LIMITED [Active] CIN = U34200WB2009PTC131980

Company & Directors' Information:- I AND A INTERNATIONAL PRIVATE LIMITED [Active] CIN = U72200TG1995PTC019936

Company & Directors' Information:- P V INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1998PTC094598

Company & Directors' Information:- I B INTERNATIONAL PRIVATE LIMITED [Under Process of Striking Off] CIN = U72200DL2000PTC105735

Company & Directors' Information:- A M INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U74899DL1995PTC066228

Company & Directors' Information:- Z. H. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U21098MH2010PTC210735

Company & Directors' Information:- J R INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909TN2002PTC048744

Company & Directors' Information:- L S INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U74999DL2009PTC193390

Company & Directors' Information:- M B INTERNATIONAL PVT LTD [Strike Off] CIN = U52190DL2001PTC110572

Company & Directors' Information:- O K R INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U74900DL1996PTC077152

Company & Directors' Information:- B B C INTERNATIONAL PVT LTD [Strike Off] CIN = U25209WB1984PTC037383

Company & Directors' Information:- K S INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51909MH2001PTC134345

Company & Directors' Information:- A TO Z INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51101TN1992PTC022507

Company & Directors' Information:- SHYAM INTERNATIONAL LIMITED [Not available for efiling] CIN = U93000DL1999PLC097950

Company & Directors' Information:- J & K MOTORS PRIVATE LIMITED. [Active] CIN = U50402JK1981PTC000513

Company & Directors' Information:- SHYAM SUNDAR & CO. PRIVATE LIMITED [Active] CIN = U51109WB2008PTC126663

Company & Directors' Information:- S S MOTORS PRIVATE LIMITED [Active] CIN = U74900TN2009PTC071098

Company & Directors' Information:- C & A INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51900MH1982PTC026718

Company & Directors' Information:- SHYAM & SHYAM (INDIA) PVT LTD [Active] CIN = U23101WB1983PTC036757

Company & Directors' Information:- P R MOTORS PRIVATE LIMITED [Active] CIN = U50401UP1998PTC023937

Company & Directors' Information:- C AND T MOTORS PRIVATE LIMITED [Active] CIN = U50102UP2010PTC040344

Company & Directors' Information:- SHYAM MOTORS PRIVATE LIMITED [Strike Off] CIN = U50101KL1996PTC010419

Company & Directors' Information:- J S INTERNATIONAL PVT LTD [Strike Off] CIN = U51900MH1982PTC027604

Company & Directors' Information:- SUNDAR MOTORS PRIVATE LIMITED [Active] CIN = U35911TN1996PTC036507

Company & Directors' Information:- R & R MOTORS PRIVATE LIMITED [Strike Off] CIN = U50401WB2009PTC134845

Company & Directors' Information:- D V MOTORS PRIVATE LIMITED [Active] CIN = U50300DL2003PTC123077

Company & Directors' Information:- A C INDIA INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1989PTC034784

Company & Directors' Information:- M V MOTORS PRIVATE LIMITED [Active] CIN = U74120UP2012PTC051188

Company & Directors' Information:- J M MOTORS PRIVATE LIMITED [Active] CIN = U74899DL1989PTC036056

Company & Directors' Information:- INDIA INTERNATIONAL COMPANY PRIVATE LIMITED [Active] CIN = U51228MH1955PTC009483

Company & Directors' Information:- R B MOTORS PRIVATE LIMITED [Active] CIN = U25112UP1976PTC004366

Company & Directors' Information:- R L MOTORS PVT. LTD. [Strike Off] CIN = U50200DL1990PTC041609

Company & Directors' Information:- D S A MOTORS PRIVATE LIMITED [Strike Off] CIN = U50200TN2007PTC062051

Company & Directors' Information:- M U S MOTORS PRIVATE LIMITED [Strike Off] CIN = U51109UP1997PTC021762

Company & Directors' Information:- A S MOTORS PRIVATE LIMITED [Active] CIN = U50101GJ1987PTC009946

Company & Directors' Information:- R H MOTORS PRIVATE LTD. [Active] CIN = U74899DL1986PTC021026

Company & Directors' Information:- N M C MOTORS PRIVATE LIMITED [Active] CIN = U31103WB1996PTC082154

Company & Directors' Information:- INDIA MOTORS PVT LTD [Converted to LLP and Dissolved] CIN = U50101RJ1946PTC000413

Company & Directors' Information:- J A M MOTORS LIMITED [Strike Off] CIN = U50200WB2004PLC099527

Company & Directors' Information:- R K INTERNATIONAL PVT LTD [Strike Off] CIN = U63040PB1982PTC004926

Company & Directors' Information:- G. R. MOTORS PRIVATE LIMITED [Strike Off] CIN = U50404DL1999PTC099123

Company & Directors' Information:- L & P INTERNATIONAL PRIVATE LIMITED [Active] CIN = U52100DL2016PTC292025

Company & Directors' Information:- N K MOTORS PRIVATE LIMITED [Strike Off] CIN = U50101OR2001PTC006425

Company & Directors' Information:- V T MOTORS PRIVATE LIMITED [Strike Off] CIN = U50200TG2012PTC083259

Company & Directors' Information:- R B N INTERNATIONAL PRIVATE LIMITED [Active] CIN = U52300DL2012PTC243998

Company & Directors' Information:- P AND P INTERNATIONAL PRIVATE LIMITED. [Strike Off] CIN = U24100OR1993PTC003244

Company & Directors' Information:- E C INTERNATIONAL PVT LTD [Strike Off] CIN = U99999DL1982PTC013146

Company & Directors' Information:- S V MOTORS PVT LTD [Strike Off] CIN = U34101CH1990PTC010076

Company & Directors' Information:- C K SEN AND CO PVT LTD [Active] CIN = U51909WB1913PTC002317

Company & Directors' Information:- S AND A MOTORS PRIVATE LIMITED [Active] CIN = U74899DL1983PTC016164

Company & Directors' Information:- S C MOTORS PRIVATE LIMITED [Active] CIN = U34100MH2008PTC177880

Company & Directors' Information:- SEN & SEN PVT LTD [Active] CIN = U51909WB1949PTC017898

Company & Directors' Information:- M M INTERNATIONAL PVT LTD [Converted to LLP] CIN = U51312DL1977PTC008583

Company & Directors' Information:- SHYAM G LTD [Strike Off] CIN = U36911RJ1984PLC002921

Company & Directors' Information:- A K INDIA INTERNATIONAL PRIVATE LTD [Strike Off] CIN = U45201DL1981PTC012389

Company & Directors' Information:- SHYAM COMPANY LIMITED [Strike Off] CIN = U17111UP1946PLC001423

Company & Directors' Information:- S J MOTORS PRIVATE LIMITED [Strike Off] CIN = U74899DL1987PTC029461

Company & Directors' Information:- A. I. R. MOTORS PRIVATE LIMITED [Active] CIN = U50403PY2016PTC003049

Company & Directors' Information:- O P INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U55101PB2013PTC037499

Company & Directors' Information:- J & A INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51900PB2013PTC037302

Company & Directors' Information:- Y. A. INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U74900RJ2012PTC040431

Company & Directors' Information:- D & A INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74999MH2015PTC262713

Company & Directors' Information:- R L INTERNATIONAL PRIVATE LIMITED [Active] CIN = U18204UP2016PTC076344

Company & Directors' Information:- V P S INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U93030UP2014PTC066242

Company & Directors' Information:- A K SEN & CO PVT LTD [Active] CIN = U74140WB1940PTC009964

Company & Directors' Information:- H M MOTORS PRIVATE LIMITED [Active] CIN = U50103DL2013PTC261482

Company & Directors' Information:- J V INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51102DL2012PTC240197

Company & Directors' Information:- P D MOTORS PRIVATE LIMITED [Strike Off] CIN = U34200DL2007PTC167523

Company & Directors' Information:- S R L INTERNATIONAL PRIVATE LIMITED [Under Process of Striking Off] CIN = U20296AP2013PTC085533

Company & Directors' Information:- B H MOTORS PRIVATE LIMITED [Active] CIN = U50100GJ2014PTC081508

Company & Directors' Information:- B C SEN PVT LTD [Strike Off] CIN = U51109WB1947PTC015279

Company & Directors' Information:- M N SEN & CO PVT LTD [Strike Off] CIN = U24139WB1974PTC029748

Company & Directors' Information:- M D INTERNATIONAL LIMITED [Active] CIN = U74140MH1981PTC025007

Company & Directors' Information:- N C MOTORS PVT LTD [Strike Off] CIN = U52603CH1989PTC009825

Company & Directors' Information:- D C M INTERNATIONAL LTD. [Strike Off] CIN = U99999DL2000PTC004208

    First Appeal No. A/1298/2017

    Decided On, 14 January 2020

    At, West Bengal State Consumer Disputes Redressal Commission Kolkata

    By, THE HONOURABLE MR. SHYAMAL GUPTA
    By, PRESIDING MEMBER & THE HONOURABLE MR. UTPAL KUMAR BHATTACHARYA
    By, MEMBER

    For the Appellant: Sankar Mukhopadhyay, Sreetama Das, Advocates. For the Respondent: Srijan Nayak, Debesh Halder, Saikat Mali, Advocates.



Judgment Text


Shyamal Gupta, Member

In this Appeal, the legality of the Order dated 30-05-2017 of the Ld. District Forum, Nadia passed in CC/54/2011 is called in question by the Appellant.

The complaint relates to a defective car being purchased by the Respondent.

We have heard the submission advanced on behalf of the parties and perused the documents on record.

Documents on record reveal that the Respondent took delivery of the car in question on 01-06-2010 and within a period of one year (till May, 2011), the said car had to be sent to the service centre not once or twice, but 5 times in a row.

It appears, vide impugned order the Forum below directed the Appellant and Respondent Nos. 2 and 3 to either return the vehicle in a roadworthy condition after removing the defects or pay back the cost of the vehicle in question. They were further directed to pay compensation and litigation cost to the tune of Rs. 10,000/- and Rs. 5,000/-, respectively.

From whatever angle we look at it, there can be no manner of doubt as to the fact that the Ld. District Forum at its wisdom passed a well balanced order.

The Appellant cannot disagree to the fact that if a brand new car starts malfunctioning every now and then, it defeats the very purpose of having it. There being nothing to show that the car in question developed problem on account of mishandling of the same by the Respondent No. 1, in our considered opinion, the Appellant cannot escape its liability.

In uncertain terms, the Ld. District Forum directed the Appellant to return the car to the Respondent No. 1. However, it seems, it took no positive step to return the same on its own and instead passed the buck upon the Respondent No. 1 to collect the same from its place. It was a flagrant violation of the direction of the Ld. District Forum and for obvious reason; the Respondent No. 1 did not give in to the dictate of the Appellant.

The Appellant refused to accept that the car in question is suffering from any sort of manufacturing defect. If it is presumed for the sake of argument that the car in question is not suffering from any sort of manufacturing defect, in that case, the inevitable conclusion would be that the service centre is incapable of repairing it properly.

Notwithstanding the Appellant underlined the need for expert opinion to prove the allegation of ‘manufacturing defect’ as made by the Respondent No. 1, it appears that the Hon’ble National Commission in Tata Motors v. Rajesh Tyagi & Anr., 2014 (1) CLT 238 (NC) dealt on this issue at great length. The solemn observation of the Hon’ble Commission assumes great significance in the peculiar facts and circumstances of the present dispute and as such the same is appended below.

“6. We have examined the entire material on record and given a thoughtful consideration to the arguments advanced before us. The main thrust of the line of argument taken by the petitioners revolves around the fact that there was no evidence of any manufacturing defect in the vehicle. The onus to prove the manufacturing defect is on the complainant and the same should be proved by expert evidence, in the absence of which no liability can be attributed to the petitioner to compensate the complainant. On the other hand, the State Commission in their order have relied upon the definition of defect as contained in the Consumer Protection Act, 1986 and stated that a complainant is liable to be compensated, if there is any fault, imperfection or shortcoming in the quality, quantity, potency, etc. of the vehicle. The State Commission observed in their order as follows:-

5. In our view, it is misconceived notion that any vehicle for that purpose any goods can be ordered to be replaced or the cost can be ordered to be refunded only if they suffer from manufacturing defect. There is no such concept of goods suffering from manufacturing defect enshrined by the provision of Consumer Protection Act. Consumer Protection Act only defines the word defect by way of Section 2(1) (f) of the Act which is to the following effect:-

Defect means any fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard which is required to be maintained by or under any law for the time being in force or under any contract, express or implied, or as is claimed by the trader in any manner whatsoever in relation to any goods.

6. In such cases we have taken a sustained view that whenever a consumer goes for a brand new goods like the vehicle his minimum expectation is that he would not encounter or face any inconvenience or hardship for few months or a year and if he had to take the vehicle time and again to the workshop for removing one defect or the other, he suffers immensely in terms of loss of time, loss of business, physical discomfort and emotional sufferings having not reaped the fruits of paying heavy amount for purchasing a new vehicle.

7. We have also taken a view that onus shifts to the manufacturer to show that the vehicle does not suffer from manufacturing defect once complainant has proved and discharged the initial onus that the vehicle was defective vehicle on the basis of large number of job cards showing that vehicle was taken on many occasion for removing one defect or the other. Complainant has already suffered immensely and is a wronged person by having been sold a defective goods and to expect him to again incur expenses by obtaining expert opinion to show the vehicle suffers from manufacturing defect will be too much. Large number of visits to the workshop from the day of purchase of vehicle for removing some or other defects is sufficient to draw the inference that the vehicle is a defective vehicle. The circumstance of the vehicle having been taken for removal of defects within or after the period of warranty leaves no manner of doubt that the goods sold to the consumer is not only defective but also suffers from manufacturing defect.

If the defect continues for months together and years together and erupts time and again no other inference can be drawn than that the vehicle suffers from manufacturing defect as defects which are not of manufacturing nature can be rectified or removed without their recurrence or without giving any further inconvenience to the consumer.

7. The State Commission have further observed in their order:-

..Bare perusal of the definition of word defect shows that any kind of fault or imperfection or shortcoming in the quality, quantity, potency, purity or standard which is required to be maintained by or under any law for the time being in force or under any contract, express or implied or as is claimed by the trader in any manner whatsoever in relation to any goods.

9. Thus in our view whenever a manufacturer of the vehicle offers to sell the brand new vehicle to the consumer there is an implied contract as to the claim of the manufacturer that the vehicle being sold by it does not suffer from and will not suffer from any kind of fault or imperfection or shortcoming in the quality, quantity, potency and standard which is required to be maintained.

10. The audacity and impunity on the part of the respondent to rub salt on the wounds of the complainant that he should prove that he had been visiting time and again is demonstrated from their reply sent by both respondent as well as reply of notice and other notice sent by the complainant to the respondent No.1. For such type of manufacturers and service providers the Supreme court has in Ghaziabad Development Authority Vs. Balbir Singh (2004) 5 Supreme Court Cases 65 come down heavily and called upon the Consumer Forum and Commissions established under the Consumer Protection Act, 1986 to not only compensate the consumer as to the actual loss suffered by him but also to compensate him as to the mental agony, harassment, emotional suffering, physical discomfort, loss of business, loss of time by taking vehicle time and again to the workshop.

8. From the entire factual matrix of the case, it is very clearly brought out that the vehicle in question is a defective vehicle when judged from the definition of defect as contained in section 2(1)(f) of the Consumer Protection Act, 1986. In reply to the legal notice dated 18.07.2003, sent by the petitioner to the complainant, there is a non-ambiguous admission on the part of the OPs that the allegation levelled in the complaint about the defect of water accumulation inside the vehicle are true. The basic question is whether this kind of situation about the vehicle as admitted in the reply to the show-cause notice can be categorised as manufacturing defect or not. In the strict technical terminology, this kind of situation may not lead to the conclusion that there is a manufacturing defect; but still, it goes without saying that whatever defect has been observed in the vehicle for which the complainant had to suffer the mental agony of taking the vehicle to the workshop so many times, has to be attended to in proper perspective. It is the bound duty of both the manufacturer and the dealer to attend to the said defect and make it a defect-free vehicle and if they are not in a position to do so, they should either refund the cost of the vehicle or provide a new vehicle to the consumer. We, therefore, agree with the conclusion arrived at by the State Commission that whenever a brand new vehicle is sold to a consumer, there is an implied contract that the vehicle being sold does not suffer from and will not suffer from any kind of fault or imperfection or shortcoming in the quality, quantity, potency and standard which is required to be maintained.

9. It is further observed that the Consumer Protection Act, 1986 is a benevolent social legislation as held by the Honble Apex Court in their judgements from time to time and is aimed at providing for better protection of the interests of the consumers as defined in the preamble to the Act itself. Given the facts at hand, the interests of the consumer in the present case can be protected only if he is provided a vehicle which is free from defects from all angles and he is not subjected to the technicalities of proving whether any manufacturing defect exists or not”.

If a new car turns defunct at regular intervals within few months of its purchase, it hardly requires any expert opinion to certify the inh

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erent defect of the same. Still we find that the Ld. District Forum took a very lenient view and directed the Appellant to handover the car after removing its defects properly. Such is the ego of the Appellant that, in order to test the tenacity of the Respondent No. 1 further, it preferred this Appeal. There being no merit in this Appeal, the same deserves no favourable consideration. As we find, the car is languishing at the service centre for more than 8- years. In such circumstances, it hardly requires any emphasis that even if the same is repaired temporarily, the defective car would not last long and since the warranty period already got over, the Respondent No. 1 would not be entitled to warranty benefits any more. Considering all aspects, we deem it appropriate to modify the impugned order to the effect that the Appellant and Respondent Nos. 2 and 3 shall jointly and/or severally return the price of the car in question along with simple interest @ 9% p.a. from the date of filing of the complaint case till full and final payment is made. Rest of the order shall remain unaltered. In the result, we dismiss this Appeal.
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