MARUTI SUZUKI (INDIA) LTD Vs. ASHU BAJAJ

JUDGEMENT

(1.) THE principal question which falls for consideration is, "whether there was manufacturing defect in the newly purchased car, purchased by the complainant/Respondent No.1 -. The facts leading to the present revision petition are these. Ashu Bajaj, respondent No.1 purchased a car Model Alto K10 from M/s. Baba Autos, Authorised Dealer, Maruti Moga Road, Ferozepur, Punjab, respondent No.2, on 10.12.2010, for a consideration of Rs.3,10,000/ -. The petitioner manufactured the said car and Oriental Insurance Co., Respondent No.3, insured the said car. The car carried warranty for a period of one year. The complainant has alleged that, on 16.01.2011, at about 2.30 PM, the engine of the car suddenly caught fire resulting into total damage of the car. The petitioner and respondent No.2 were apprised of this fact. Few officials of respondent No.2 took the photographs of the car and took away the car to their workshop. It is alleged that the car caught fire due to manufacturing defect. The request made by the complainant to replace the car was not acceded to. Consequently, a complaint was filed before the District Forum on 25.01.2011.

(2.) THE main defence of the petitioner was that there was no manufacturing defect. Respondent No.2 contended that, as a matter of fact, Ashu Bajaj had fitted non -genuine accessories in the car. That system was not having any fuse and due to that reason, the car had got burnt. Petitioner also explained that due to unwanted fittings of accessories, like stereo, amplifier, etc., in the car, the fire had broken' out. It was also explained that Oriental Insurance Co. Ltd., respondent No.3, was considering the matter and had not yet repudiated the claim, made by Ashu Bajaj.

(3.) WE have heard the learned counsel for the parties. The learned counsel for the petitioner invited our attention towards the Technical Report - Fire case of Maruti, attended on 20.01.2011, which goes to support the case of the petitioner. However, the report further states that the vehicle had covered 612 kms only. Front Bumper was fully burnt and fog lamp was partly burnt. The vehicle was fitted with stereo and amplifier. The original writing provided by MSIL for stereo was tampered. Stereo fittings were taken directly from the battery through 'high voltage/ampere fuse'. No short circuit in electric wires and also the electric supply from battery to dash board was found, the same were in 'OK' condition. The profile of customer was investigated and found no adverse observations. There was no manufacturing defect and it seemed that the fire occured due to external sources only. This report was submitted by Mr. Midhun V. Suresh, Territory Service Manager, MSIL, Mr. S.S. Bhango, General Manager (Works), Ferozepur, Mr. B.S. Mann, Bodyshop Manager, Baga Autos, Ferozepur, Mr. Prince Dua, Territory Service Manager, MSIL and is dated 20.01.2011. As a matter of fact, this report is the Carbon Copy of the affidavit submitted by Prince Dua, employee of the petitioner company. The said affidavit was sworn in May, 2010. The space for the 'date', was left 'blank'. For the following reasons, we do not find ourselves amenable to these arguments.