National Consumer Disputes Redressal Commission (NCDRC): While upholding the views of District Forum and Maharashtra State Consumer Disputes Redressal Commission, NCDRC has directed Hindustan Motors Ltd. to replace the car which got burnt due to manufacturing defect and provide a new one. Earlier, the complainant, who works as Executive Engineer of Dhule Irrigation Department, Maharashtra, had purchased four Ambassador Cars for his department from the car company in June 1998. While traveling, one of the four cars suddenly caught fire in the engine and got totally burnt and was reduced to ashes. Complainant approached the car company to replace the car, but his claim was denied on the ground that the complainants selected the car after conducting the road test before buying the same and the car was free from defect. It was also contended that the burning of the car was not covered by the terms of warranty and the car might have caught fire due to reason, other than manufacturing defect i.e. the negligence on the part of the complainant or any other employee. However, when the complainant approached District Forum, it rendered relief to the complainant. An appeal against the said order was also dismissed by Maharashtra State Consumer Disputes Redressal Commission. After perusing the material on record and hearing both the parties, NCDRC noted, “The incident took place after 4 months’ after the purchase of the car. It travelled only upto 14 kms. The vehicle was under warranty in those days. The record also reveals that the complainant had sent a number of reminders to OPs to come to the spot to find out what had happened to their car. Counsel for the petitioners/OPs contended that there was no need to go there because the car had been reduced to ashes. The arguments urged by the counsel for the petitioner are contradictory. On the one hand, he submits that no expert’s evidence was filed; on the other hand he submits that they did not send the expert because the vehicle was reduced to ashes. This fact also shows negligence on the part of the petitioner.” While observing that there can be no other reason except of manufacturing defect in burning of a new brand car, NCDRC dismissed the revision petition filed by Hindustan Motors Ltd. and directed the firm to provide a new Ambassador car to the department and added that in case it has stopped manufacturing it, it will pay the current price of the car. (Hindustan Motors Ltd. v. Ashok Narayan Pawar, 2015 SCC OnLine NCDRC 3 , decided on January 9, 2015)
