The INDUS MOTOR COMPANY LIMITED vs ABDUL KHALID GILL S — 2023 PLD 516 LAHORE-HIGH-COURT-LAHORE

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The INDUS MOTOR COMPANY LIMITED VS ABDUL KHALID GILL S. 25---Defective part/item of sold product (car)---Warranty offered by the manufacturing company---Scope---Consumer Court directed the appellant to replace the defective engine of the vehicle with new one without any charges---Contention of the appellant/motor vehicle manufacturing company('company') was that the quality of engine had been compromised on account of improper periodic maintenance and use of non-branded/substandard lubricants/filters as maintenance of the vehicle was not carried out by its(company's) dealer---Held, that the documentary evidence produced by the respondent/claimant, inter alia, showed that engine oil and filters of a branded company were used after regular intervals---Contents of the Warranty Booklet did not impose any burden upon the respondent for carrying out maintenance from authorized dealer(s), rather free maintenance service was offered and the customer was advised to follow the instructions regarding maintenance contained in Owner's Manual for efficient working of the vehicle---Furthermore, "engine" fell within the items which were covered by the Warranty; and it was mentioned in the Warranty Booklet that the company would either repair or replace any part which would be revealed defective in material or workmanship under normal use within certain basic coverage period---Documents relied upon by the respondent for coverage of such period had not been disputed by the appellant/company---Vehicle-in-question was also within warranty period when the defect was communicated to the appellant/company---High Court maintained the order passed by the Consumer Court that the appellant/company was bound to replace the defective engine of the vehicle with new one without any charges---Appeal was dismissed, in circumstances.

The INDUS MOTOR COMPANY LIMITED vs ABDUL KHALID GILL S — 2023 PLD 516 LAHORE-HIGH-COURT-LAHORE

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