Have you ever bought a car and to your misfortune, it has been a loss? Well, In December of 2011, Manoj Kumar Sharma, a resident of Uttar Pradesh’s Ghaziabad, purchased a Mahindra XUV for ₹13 lakh.
To his misfortune, the car had faults in ignition, braking, and central lock system among others, resulting in an accident that damaged the car badly. For over a decade now, he is been running to various consumer courts in India that have now ordered in favor of him. However, Mahindra moved the National Consumer Disputes Redressal Commission (NCDRC) in Delhi against the orders of the consumer commissions. After an extended lawsuit, the National Consumer Disputes Redressal Commission (NCDRC) in Delhi has ordered Mahindra to either replace a defective Mahindra XUV or refund the full amount of over ₹13 lakh within 60 days. This decision represents a significant consumer victory.
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Purchase and Initial Problems
Mr. Sharma paid ₹13 lakh in December 2011 for a Mahindra XUV. Still, after a string of malfunctions with the central lock system, ignition, and braking system, among other important parts, the automobile was involved in a regrettable collision that left it seriously damaged. The problems continued even after Mahindra made repairs, leading to frequent breakdowns and raising worries for the consumer's safety.
A Court Case and an NCDRC Decision
Mr. Sharma pursued his case in several consumer courts, which led to the latest decision in his favor by the NCDRC. The NCDRC's judgment threatens to impose 10% interest if Mahindra does not comply with its instruction to either deliver a replacement car or return the whole sum within 60 days.
The NCDRC's observations and Mahindra's defense
Mahindra argued that the vehicle was sold in flawless condition and that the customer was satisfied with the repairs. The NCDRC, however, rejected these assertions, pointing out that the automobile's problems were recurring and that the consumer's lack of trust in the car stemmed from the vehicle's ongoing serviceability problems.
The NCDRC's ruling, which emphasizes the duty of manufacturers to rectify reoccurring defects in their products, sets a major precedent for consumer protection. This case emphasizes the value of consumer rights and the legal options open to those who have ongoing problems with products they have purchased.
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