Eicher to pay Rs 1.05L for selling bus with defective engine

Eicher had moved the National Consumer Disputes Redressal Commission (NCDRC) against the order of the Himachal Pradesh State Consumer Commission which had also asked the vehicle manufacturer to replace the defective engine.

The company had contended it had not been able to argue its case before the state commission as it was not aware when the case was listed for hearing.

The NCDRC, however, rejected Eicher's contention saying it "did not attend the proceedings in order to delay them" and dismissed its plea.

"The arguments carry no conviction. It is the bounden duty of the litigant that he must keep himself posted with day to day hearing. In case he is unable to attend the commission, he must be aware of the next date of hearing...the petitioner

(Eicher) did not try to know about the next date of hearing.

"The petitioner did not attend the proceedings in order to delay the proceedings unnecessarily. Its argument that it was not given opportunity of being heard is badly flawed. We find that the concurrent findings in respect of defective

engine suffer from no illegality. The petitioner itself has admitted that engine was defective and there was manufacturing defect," the bench presided by Justice J M Malik said.

The state commission's directions had come on a plea by Eicher against a District Forum order which had

... contd.