C.N. ANANTHARAM versus M/S. FIAT INDIA LTD. AND ORS. ETC. ETC.

C.N. ANANTHARAM versus M/S. FIAT INDIA LTD. AND ORS. ETC. ETC.

Engine operating on diesel makes rattling noise distinct from petrol engines and this does not indicate a manufacturing defect; National Commission's order requiring defects to be rectified and vehicle certified roadworthy by independent technical expert is reasonable. If expert finds inherent manufacturing defect, petitioner to receive refund, taxes, EMI with interest and costs as per State Commission.

Parties
Petitioner: C.N. Anantharam; Respondent: M/s Fiat India Ltd.; Respondent: M/s Sundaram Automobiles, Bangalore; Respondent: M/s Fiat Sundaram Auto Finance Ltd.
Jurisdiction
India
Judgment Date
24 November 2010
Procedural Posture
Special Leave Petition (civil) / Disposition on Merits
Outcome
Petitions disposed of with directions
Legal Topics
Deficiency in Service, Consumer Protection Act, 1986, Vehicle Manufacturing Defects, Remedies for Defective Goods
Consumer Law Deficiency in Service Consumer Protection Act, 1986 Vehicle Manufacturing Defects Remedies for Defective Goods

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Parties

C.N. Anantharam

Petitioner

M/s Fiat India Ltd.

Respondent

M/s Sundaram Automobiles, Bangalore

Respondent

M/s Fiat Sundaram Auto Finance Ltd.

Respondent

Procedural Posture

Special Leave Petition (civil) / Disposition on Merits

Legal Issues

  1. 1 Whether alleged manufacturing defects warranted replacement of vehicle and refund as per State Commission order
  2. 2 Whether dealer and manufacturer are jointly and severally liable for deficiency of service

Ratio Decidendi

Engine operating on diesel makes rattling noise distinct from petrol engines and this does not indicate a manufacturing defect; National Commission's order requiring defects to be rectified and vehicle certified roadworthy by independent technical expert is reasonable. If expert finds inherent manufacturing defect, petitioner to receive refund, taxes, EMI with interest and costs as per State Commission.

Court Disposition

Petitions disposed of with directions

Orders

  • National Commission's direction upheld: dealer/manufacturer to rectify defects, recondition vehicle as required, and deliver to petitioner certified as defect-free by independent technical expert within three months.
  • If expert finds inherent manufacturing defects, petitioner entitled to refund of vehicle price, lifetime tax, EMI, interest at 12% per annum, and costs as per State Commission.