Expert Report Mandatory To Prove Inherent Defect Under Section 13(1)(C): NCDRC

The National Consumer Disputes Redressal Commission, chaired by Mr. Subhash Chandra, ruled that under Section 13(1)(c) of the Consumer Protection Act, an expert's report is essential to ascertain inherent defects in goods. The burden of proof to establish deficiency lies with the complainant. \r

In a case involving a Backhoe Loader purchase, the complainant alleged repeated defects, impacting livelihood. However, the commission emphasized the necessity of expert evaluation to confirm manufacturing defects. It cited precedents highlighting the burden of proof on the complainant and set aside the State Commission's ruling, which failed to adhere to procedural requirements. \r

The dealer's appeal was allowed, rejecting the complainant's claim for relief.