Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Problem of hump heating of the car High-end luxurious cars Commercial purpose Consumer Dominant purpose Compensation Balance of equity Repurchase the car Profit generating activity Maintainability of the consumer complaint Mercedes Benz E-Class-E 240 petrol version car Airbags of the car Grievous injuries Minor injuries Deficiency in service Unfair trade practice Safety measure in the car Defect in the car Trade practice Deceptive practice Onus to prove |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Consumer Protection Act, 1986 (68 of 1986) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Issue arose as regards the purchase of a vehicle/good by a Company for the use/personal use of its directors, if would amount to purchase for “commercial purpose” within the meaning of s. 2(1) (d) of the Consumer Protection Act, 1986; in the matter pertaining to overheating of the car, the National Commission, if justified in awarded the compensation by directing the appellants to refund the purchase price-Rs. 58 lakhs approx. to the complainant, and take back the car; and National Commission, if justified in directing the appellants to pay a sum of Rs. 5 lakhs to the complainant for the deficiency in the services rendered to it on account of the airbags of the car having not deployed/triggered and to pay a sum of Rs. 5 lakhs as compensation to the complainant for the unfair trade practice indulged into by them.Headnotes Consumer Protection Act, 1986 – ss. 2(1)(d), 2(1)(f) – Consumer – Commercial purpose – Defect in the car Complainant purchased two high priced luxury cars for the personal use of its Directors and for his family members, as a part of the perquisite to the Director from the appellant company – Persistent problem of hump heating in one of the car – Complaint and applications before the National Commission – National Commission awarded the compensation by directing the appellants to refund the purchase price-Rs. 58 lakhs approx. to the complainant, and take back the car – Interference with: |
Judge | Hon'ble Ms. Justice Bela M. Trivedi |
Neutral Citation | 2024 INSC 496 |
Petitioner | M/s Daimler Chrysler India Pvt. Ltd. |
Respondent | M/s Controls & Switchgear Company Ltd. & Anr. |
SCR | [2024] 7 S.C.R. 416 |
Judgement Date | 2024-07-09 |
Case Number | 353 |
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