The National Consumer Disputes Redressal Commission while hearing a consumer complaint relating to defect in traveller car has held that continuous repair occurring in newly purchased vehicle is considered a manufacturing defect.
The presiding member Mr. Anup K Thakur while passing the order observed, “the vehicle had been purchased for purpose of plying to earn a livelihood and If so, each time it went to the workshop, it was, for the complaint, time lost and therefore earnings lost. So, it would be fit a case for award of higher compensation”.
In this case the complainant, Swaranjit Singh had purchased a Traveller car from M/s. Gurvir Motors (P) Ltd. to earn his livelihood, however the vehicle began to give trouble from day one.
Thereafter the vehicle was taken for repair to M/s. Gurvir Motors (P) Ltd., a defect was found in Wheel and that was replaced free of cost. Again, just after about 750 KM, the same problem repeated in the Wheel.
After that, the locks of all the doors became defective and doors started opening automatically while the vehicle was on road. Once again the complainant approached the defendant and locks were replaced.
The complainant submitted that since the vehicle gave trouble from day one hence it suggested a manufacturing defect.
When the complainant filed a complaint before the District Forum, the forum while allowing the complaint directed M/s Force Motors Limited to pay compensation of Rs. 20,000/- with litigation cost of Rs.2,000/- to the complainant.
On appeal to the State Commission, the amount of compensation was raised from Rs.20,000/- to Rs.60,000/-.
— India Legal Bureau