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Judgment
Dr. Inder Jit Singh, Presiding Member
The Case may be registered as First Appeal.
The present Case, listed as First Appeal but filed as Revision Petition, is against the Impugned Order dated 29.03.2023 of the State Consumer Disputes Redresal Commission, Delhi (for short the State Commission) and is contested by the Appellant, who was Opposite Party No.1 before the State Commission and is the Manufacturer of the Car in question, stating that they are not liable to bear the cost of removal of defects, as has been ordered by the State Commission in the Impugned Order. It is seen that the Consumer Complaint was filed in the year 2016, alleging defects in the Car and at that time the Car was during the warranty period. The Counsel for the Appellant states that the Car in question is with Respondent No.1 (the Complainant before the State Commission). Vide Impugned Order dated 29.03.2023, the State Commission has ordered that the entire defects, which the Complainant points out on 02.04.2023 be rectified by the Authorized Service Station within 15 days and the cost of removal of such defects is to be borne by Opposite Party No.1. While the Manufacturer (Opposite Party No.1) is liable for any defects during the warranty period, if any defect has arisen subsequent to the warranty period that may not be the liability of the Manufacturer unless the State Commission gives a definite finding regarding this. The Counsel further states that the defects have still not been rectified as the Dealer is awaiting approval from the Manufacturer.
In view of the above, in the interests of justice to both sides the Impugned Order of the State Commission is modified as follows:
i. The Authorized Service Station shall rectify all the defects to the entire satisfaction of the Complainant, as ordered by the State Commission, within one month from today and send a complete report to the State Commission, bifurcating the defects in two parts, viz. (i) the defects, which were existing at the time of filing of the Complaint before the State Commission; and (ii) the defects, which might have arisen subsequently while the Car in question was in use by the Complainant after filing of the Complaint.
ii. The Service Station shall also present the costs for rectification of the defects of the two categories before the State Commission, which shall, after hearing both sides, decide the respective liabilities of the Manufacturer and the Dealer for bearing of the costs.
The Appeal stands disposed of.