National Consumer Disputes Redressal Commission (NCDRC), presided by J M Malik, passed the order while dismissing the revision petition filed by Hindustan Motors Limited against an order of Maharashtra State Consumer Disputes Redressal Commission.
"The court has to take a down-to-earth view. There can be no other reason except of manufacturing defect in burning of a new brand car. Facts are stubborn things. Law is the backbone which keeps the man erect.
It directed the firm to provide a new Ambassador car to the department and said that in case it has stopped manufacturing it, it will pay the current price of the car.
Ashok Narayan Pawar, Executive Engineer of Dhule Irrigation Department, Maharashtra had told the forum that he had purchased four Ambassador cars for his department from the firm in June 1998.
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One of the four cars suddenly caught fire in the engine while he was travelling in it and got totally burnt and was reduced to ashes.
Thereafter, Pawar approached the district consumer forum. The firm, however, denied the liability and submitted before the forum that the vehicle in question was not insured and said that no complaint was received that the car was having defect prior to this incident.
The forum, however, decided this case in favour of Pawar and, thereafter, the firm approached state consumer commission which dismissed its revision petition.