Sections 4, 5 and 6 \ manufacturing \ or \ design defect \ scope complainant (appellant) obtained auto rickshaw after obtaining loan facility from bank complainant based on which auto rickshaw was eating too much gasoline. And its parts were not working properly The consumer court dismissed the complaint. The complainant's words were those which the consumer court dismissed for inspection, clearly stating that the rickshaw was removed from an air filter. There was no lace that shortened the life of the engine, and that the solenoid valve was wrong. Due to which the rickshaw had difficulty in launching, the complainant's complaint did not attract sections 4, 5 or 6 of the Punjab Consumer Protection Act, 2005. The absence of air filter was not termed a "manufacturing defect". Could have been, because an air filter was an alternate place participated in an engine and it had a certain period of life and had to change after the expected lifespan, so there was a \ solenoid al so one such part. Which may be defective to some extent or by illicit use and has a certain period of age and may be used as an equipment or machine. Can not be said to have any effect on the basic design of the defects indicated by the complainant. And these were not material deviations from the manufacturer's own specification, and the expert acknowledged the fact during his inspection. The defects alleged by the complainant were minor and could be due to negligence / to some extent, saying that defects could only be overcome.
Related judgments — Lahore High Court Lahore, 2013
