KIA Motors (Lanka) Ltd vs. Consumer Affairs Authority and Others – sllr 2020 volume 2 page 299

The case between KIA Motors (Lanka) Ltd and the Consumer Affairs Authority (CAA) and others concerned the legality and propriety of an order mandating vehicle replacement following an alleged defect. The Court addressed whether the decision issued by the CAA, communicated via documents ‘P17’ and ‘P18’, was legally valid and passed by a properly constituted authority pursuant to the Consumer Affairs Authority Act. It was held that the inquiry panel lacked requisite authority and quorum, and the CAA’s order was both ultra vires and disproportionate, as the Petitioner had effectively addressed the vehicle’s defects, rendering further relief excessive. The ruling reaffirmed that an express warranty does not exclude implied statutory warranties, however, reasonableness and proportionality must

REF: sllr 2020 volume 2 page 299 Category: Tag:
Scroll to Top