JCB Buyer's Claim of Manufacturing Defect Dismissed by National Consumer Commission.
14 June 2024
Consumer Protection Act >> Consumer Rights
A consumer who purchased a JCB machine and claimed manufacturing defects has been unsuccessful in his appeal to the National Consumer Commission (NCC). The NCC overturned a previous ruling that ordered the replacement of the machine or a full refund.
Background:
The buyer (complainant) purchased a JCB machine for Rs. 20,74,999.62 with a one-year guarantee. Soon after the purchase, the complainant reported problems with the machine to the seller (OP-1). A service engineer from OP-1 inspected the machine and replaced some parts, but the complainant remained dissatisfied.
Consumer Complaint and State Commission Ruling:
The complainant filed a consumer complaint against the seller (OP-1) and JCB India Ltd. (OP-2), alleging manufacturing defects in the machine. The State Commission sided with the complainant, directing OP-2 to replace the machine or provide a full refund.
National Consumer Commission's Appeal Decision:
OP-2 appealed the State Commission's decision to the NCC. The NCC ultimately ruled in favor of OP-2, citing the following reasons:
- Lack of Proof for Manufacturing Defects: The NCC determined that the complainant failed to establish the existence of manufacturing defects in the JCB machine.
- Non-compliance with Consumer Protection Act Procedure: The NCC pointed out that the complainant did not follow the procedure outlined in Section 13(1)(c) of the Consumer Protection Act for claiming manufacturing defects. This section requires obtaining an expert opinion from an authorized laboratory or government authority.
- No Deficiency in Service: The NCC concluded that the seller (OP-1) and JCB India Ltd. (OP-2) were not liable for any deficiency in service, as the complainant did not present sufficient evidence to support this claim.
Outcome:
The NCC's decision upholds the rights of manufacturers by requiring consumers to follow established procedures when claiming manufacturing defects. This case also highlights the importance of proper service records and documentation to address consumer complaints effectively.