Burden Of Proof To Prove Manufacturing Defect Is On The Complainant: NCDRC

The National Consumer Disputes Redressal Commission, led by AVM J. Rajendra, reiterated that proving a manufacturing defect rests with the party making the claim and requires an expert report. In a case involving a Nissan Sunny XL Car, the complainant alleged various issues, including wheel imbalance and paint crust. \r

The District Forum initially favored the complainant for a refund or replacement, but the State Commission overturned this decision, citing repairs made under warranty. The National Commission, affirming the State Commission's stance, emphasized the need for expert validation under Consumer Protection Act Section 13 to substantiate manufacturing defects. \r

As the complainant failed to provide such evidence, the petition was dismissed, underscoring the burden of proof in such cases.