Appointment of Technical Expert in Consumer Case

Dear Client,

For a Bengaluru consumer case about recurring engine or ECU and drivability issues, the safest and most effective option is usually to ask the Commission to appoint an independent automobile/mechanical expert (Chartered Engineer) based in Bengaluru, who has clear experience with modern fuel‑injected motorcycles and diagnostics, and to have the inspection done in the presence of both sides with prior notice. Consumer Forum regularly rely on such expert/technical reports and the NCDRC has stressed that in motor‑vehicle defect matters, a proper expert opinion is often mandatory to prove an inherent or manufacturing defect. You can also request that the expert be chosen from a neutral/official panel (for example, from an institution like the Institution of Engineers or a government‑recognised laboratory) rather than proposing someone closely connected to either party. Suggesting an RTO Motor Vehicle Inspector is legally possible but in practice they are often over‑burdened and focus more on fitness/accident issues than subtle ECU/driveability problems, and bringing a Chartered Engineer from outside Karnataka (e.g. Goa) is not barred in law but may raise avoidable logistical and cost objections when a competent local expert is available. You may offer to share or bear reasonable inspection costs while reserving your right to argue on the report’s merits later. It is better to ask your lawyer and local bar for recommendations or to request the Commission’s registry to suggest experts they have used earlier, instead of you hand picking a particular individual.

I hope this helps and if you have any further issues do not hesitate to contact us.

Dear Sir,

         In the present stage of your consumer complaint before the Hon’ble Commission under the Consumer Protection Act, 2019, the choice of expert assumes significant importance as the outcome may substantially depend upon the credibility and technical soundness of the inspection report. In this regard, requesting the appointment of a Motor Vehicle Inspector (MVI) from the jurisdictional RTO would be the most legally appropriate and strategically advantageous option. Being a statutory authority under the Motor Vehicles Act, 1988, an MVI is regarded as an independent and neutral expert, and their report carries strong evidentiary value before consumer fora. Such an appointment minimizes allegations of bias and lends greater authenticity to findings relating to mechanical defects, recurring malfunctions, and performance issues of the vehicle, thereby strengthening your case against the manufacturer.

Alternatively, it is also permissible to suggest the appointment of a qualified Chartered Engineer specializing in Automobile or Mechanical Engineering, whose expert opinion is generally accepted by courts and tribunals; however, it is advisable that such an expert be appointed by the Commission itself rather than being privately nominated, so as to maintain impartiality. Suggesting an expert from outside jurisdiction, though legally permissible, may give rise to practical difficulties such as increased costs, logistical issues, and possible objections from the opposite party, and is therefore not preferable unless necessitated by specialized expertise. A balanced and prudent approach would be to primarily seek appointment of an RTO Motor Vehicle Inspector, and in the alternative, request the Commission to appoint an independent Chartered Engineer from a recognized professional body such as The Institution of Engineers (India), preferably based in Bengaluru, to ensure a comprehensive and technically reliable inspection.

Dear Client,
The Consumer Commission can order an expert inspection or analysis when technical issues are in dispute. Section 38(2)(c) of the Consumer Protection Act expressly empowers the Forum to get the product tested by a government-approved expert.
. In practice, commissions also allow parties to propose experts. Courts have held that, to avoid delay, commissions may appoint qualified specialists or competent persons for technical inspection.
. (The Kerala HC recently noted that, even if not explicitly in the Act, appointing experts “incidental” to the commission’s function is permissible for expeditious disposal.)

Motor Vehicle Inspector (RTO officer): Appointing an RTO Motor Vehicle Inspector is often advantageous. MVIs are government-authorised vehicle examiners whose reports carry strong evidentiary weight. For example, in Ramakanta Samal v. Baba Motors (Orissa SCDC 2007), a Rourkela MVI’s detailed inspection report of the auto‑rickshaw was accepted by the commission to find a manufacturing defect.
. An MVI can conduct road tests and examine systems like engine, gearbox, brakes, etc. Their conclusions (as in that case) can be persuasive. The main drawback is logistical – obtaining an MVI’s time requires coordinating with the RTO and may incur wait time or fees. But legally it is fully proper to request the state transport authority to make an inspector available.

Chartered Engineer (Mechanical/Automobile): A certified mechanical or automobile engineer is a strong alternative. Chartered Engineers (CEs) with mechanical specialization are qualified experts (often members of IEI or similar bodies) and their reports are routinely accepted in court. They can perform a more thorough diagnostic analysis (e.g. engine dynamometer tests, electronic diagnostics, part-wise inspection) than a simple road test. A CE’s written opinion – backed by credentials – is admissible as expert evidence (subject to cross-exam). For instance, one Bangalore expert is Harishkumar B., a Chartered Mechanical Engineer (Institution of Engineers India) based in Bangalore.
. Another is K.K. Gupta, a veteran Chartered Mechanical Engineer/Valuer in Bangalore (per industry listings).
. Commission often lets each party suggest such engineers; their reports (alongside the MVI’s) would guide the forum.

Selecting a jurisdiction: While it is legally permissible to propose to use a non-local expert (i.e. a firm or an expert consultant) from Goa to assist with an outside investigation, it could create logistical difficulties. Namely, the expert must be available to the Commission to arrange for the issuance of summons out of the Commission's jurisdiction and then subsequently conduct any investigation. The costs associated with travel and the time delays that may result from working out schedules also present obstacles. It is hoped that local professionals (from Bengaluru or the surrounding area) will be identified; however, if an individual engineer is located in Goa and is recognized for having unique qualifications, then we would convey this to our client indicating that similar levels of expertise would be available from CPAs in Bengaluru.

Summary of options: In practice, parties often suggest both: e.g. “We request that a Motor Vehicle Inspector (Bengaluru RTO) inspect the bike. Additionally, appoint a Chartered Mechanical Engineer (Bengaluru) to jointly examine the vehicle.” This way the Forum gets both perspectives. The MVI’s official status lends authority, and the CE’s in-depth analysis backs up the technical points. The client’s counsel should be prepared to recommend one or both by name for example, “Harishkumar B. (CE, Bangalore) is a qualified mechanical engineer.”
The Commission will then order that inspection and report as part of the evidence.
I hope this helps, and if you have any further issues, do not hesitate to contact us.