Consensual Relationship That Later Turns Sour Is Not Rape: Andhra Pradesh High Court Grants Bail in Breach of Promise Case Double Presumption of Innocence Applies; No Interference Unless Trial Court Judgment Is Perverse: Allahabad High Court in Murder Appeal Under BNSS A Single Act of Corruption Warrants Dismissal – 32 Years of Service Offers No Immunity: Punjab & Haryana High Court Upholds ASI’s Removal Suit Against Trustee Without Charity Commissioner’s Consent Is Statutorily Barred: Bombay High Court Inherent Power Under Section 528 BNSS Not a Substitute for Article 226 When FIR Is Under Challenge Without Chargesheet or Cognizance Order: Allahabad High Court Possession Without Title Is Legally Insubstantial: Gujarat HC Dismisses Appeal By Dairy Cooperative Over Void Land Transfer You Can Prosecute a Former Director, But You Can’t Force Him to Represent the Company: Calcutta High Court Lays Down Clear Limits on Corporate Representation in PMLA Cases Conviction Cannot Rest on Tainted Testimony of Injured Witnesses in Isolation: Bombay High Court Acquits Five in Murder Case One Attesting Witness is Sufficient if He Proves Execution and Attestation of Will as Required by Law: AP High Court Land Acquisition | Delay Cannot Defeat Just Compensation: P&H High Court Grants Enhanced Compensation Despite 12-Year Delay in Review Petitions by Landowners Allegations Implausible, Motivated by Malice: Kerala High Court Quashes Rape Case After Finding Abuse Claims a Counterblast to Civil Dispute Adoptions Under Hindu Law Need No Approval from District Magistrate: Madras High Court Declares Administrative Rejection of Adoptive Birth Certificate as Illegal

No Basis for Interference When There is No Jurisdictional Error or Material Irregularity: NCDRC Upholds Replacement of Defective Vehicle

07 May 2024 8:19 AM

By: Admin


The National Consumer Disputes Redressal Commission (NCDRC) dismissed a revision petition by Mahindra & Mahindra Limited, upholding the Uttar Pradesh State Commission’s directive for a vehicle replacement due to persistent manufacturing defects. The case highlighted the application of Section 58(1)(b) of the Consumer Protection Act, 2019, emphasizing the limits of revisional jurisdiction in consumer disputes.

The vehicle, a Mahindra XUV-500, showed persistent ignition, braking, and locking issues shortly after purchase on December 7, 2011. Despite multiple repairs, the problems persisted, leading the complainant to seek legal recourse. The District Forum ruled in favor of the complainant, a decision upheld by the State Commission, prompting the manufacturer to file a revision petition at the NCDRC.

The court examined the vehicle’s repair history and expert reports, confirming ongoing mechanical issues. The continuous need for repairs indicated a clear manufacturing defect.

Expert testimony and job cards detailing the vehicle’s faults were reviewed. Despite the manufacturer’s objections, the evidence demonstrated significant deviations from expected standards, affirming the complainant’s claims.

Citing Supreme Court precedents, the NCDRC noted its limited revisional jurisdiction, emphasizing that it does not allow for a reassessment of factual findings unless there is manifest error or oversight by the State Commission.

Decision: The NCDRC confirmed the State Commission’s order, mandating Mahindra & Mahindra to replace the defective vehicle or refund its cost, highlighting the manufacturer’s failure to rectify the defects despite multiple opportunities. The court dismissed the revision petition due to the absence of any jurisdictional error or material irregularity.

Date of Decision: April 5, 2024.

Mahindra & Mahindra Limited vs. Manoj Kumar Sharma and Shiva Auto Car India Private Limited,

Latest Legal News