homeindia NewsCompany should replace cars with manufacturing defect, not just repair, says High Court

Company should replace cars with manufacturing defect, not just repair, says High Court

The latest ruling from the Jammu and Kashmir High Court in a case against Maruti Suzuki is good for car buyers.

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By CNBCTV18.com Feb 15, 2024 12:05:11 PM IST (Updated)

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Company should replace cars with manufacturing defect, not just repair, says High Court
The High Court of Jammu and Kashmir and Ladakh said in a recent ruling that a consumer is entitled to get the vehicle replaced if it has a manufacturing defect instead of the company just repairing it. The court was pronouncing the ruling in a case against Maruti Suzuki India Ltd vs Ramesh Chander Sharma and Anr, according to a report on Bar and Bench.

The court made a distinction between a defect that arose during the use of the car and a manufacturing defect existing at the time of the car's purchase, the report said.
A car manufacturer can get away with repairing the defect only if there is a technical defect arising during the use of the vehicle and not where the vehicle had the manufacturing defect right from the start, it added.
"Repairs may be called for if the vehicles purchased during the course of its use suffers from a technical defect and not where the vehicle has a manufacturing defect," the website quoted the Court as saying.
The complainant, Ramesh Chander Sharma, stated in his petition that he was sold a defective Maruti 800 car, and it suffered from a technical snag from the very beginning. He also said that despite bringing the issue to the attention of the dealer early on, the resolution of the matter was delayed.
Upon finding that the engine of the vehicle had a manufacturing defect, Sharma therefore sought the replacement of the defective vehicle. Maruti, however, declined to give a replacement and proposed to repair the defect instead.
In the ensuing legal battle, Sharma won in district and state consumer courts against Maruti, and the carmaker appealed to the High Court.

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