The Commission asserted that under Sections 84 to 86 of the Act, a consumer can claim remedy against a manufacturer if the goods are unreasonably dangerous and are defective because they are likely to jeopardize the safety of a reasonable user.
From the material on record, the Commission concluded that the complainants were entitled to damages not only due to the defective product and services but also under product liability of the manufacturer and seller.
Hence, it partly allowed the complaint and directed the manufacturer and the dealer to jointly and severally pay the cost of the vehicle along with 9.5% depreciation per year or in the alternative, replace the vehicle.
Towards damages, it directed a payment of ₹10 lakh and for litigation expenses, a payment of ₹10,000.
Source: Barandbench
