In a landmark judgment,the Chandigarh Consumer Disputes Redressal Commission has held that a car owner who had to take his vehicle for repair about 15 times within a month of purchase due to diverse defects is entitled to the refund of the full price of the vehicle without any deduction for depreciation.
President of the Commission Justice Sham Sunder and Member Neena Sandhu have directed a car dealership in Industrial Area,Phase 2,to rectify the defects in the vehicle to the full satisfaction of the buyer,or refund him the price of the vehicle without any deduction for depreciation. The car had been purchased in June 2008.
The Commission has also directed the dealership to pay compensation of Rs 50,000 to the buyer for the harassment caused to him,and Rs 10,000 as litigation costs. The order was issued by the Commission following an enhancement appeal filed by Chetan Gill,a resident of Phase 7,Mohali.
Gill had initially filed a complaint against the dealership in the Chandigarh Consumer Disputes Redressal Forum. In January 2011,the Forum decided the case in Gill’s favour. The Forum had directed the dealership to rectify all defects in the vehicle or refund its price to Gill with deduction of depreciation at the rate of 10 per cent per annum from the date of purchase. The Forum had also directed the dealership to pay Rs 20,000 to Gill for harassment and Rs 5,000 as cost of litigation.
Gill filed an appeal in the UT Consumer Commission,demanding that in view of the harassment caused to him,the compensation be enhanced.
The Commission observed that within a month of the purchase,the vehicle had to be taken to the dealership repeatedly as one problem cropped up after another. Even though the dealership claimed that the vehicle had been repaired,major problems kept cropping up in the vehicle. As a result,Gill was not able to use the vehicle as per his convenience.