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District Consumer Disputes Redressal Forum: For defective car, dealer told to pay damages of Rs 45,000

The complainant had bought a Hyundai SX car on January 30, 2015, from LG Hyundai (Ashwani Automobiles Pvt Ltd), Tribune Chowk, for Rs 9.80 lakh. The car was under a warranty of 24 months from the delivery date

Written by Swati Mahajan | Chandigarh | Published: June 5, 2016 5:54:34 am

SELLING A defective car has cost a local automobile company dealer dear, as the district consumer disputes redressal forum has directed the company to pay a compensation of Rs 45,000, including Rs 5,000 as cost of litigation.

Pronouncing the order, the forum observed that the frequent breakdowns in the car clearly indicated that the dealer did not make proper quality check at the time of delivery which led to inconvenience to the complainant.

The forum said that when the vehicle broke down for the first time, it was brought to the automobile service centre for repair. Even at that time, proper repair was not done and the vehicle broke down again.

The forum said, “So, we have no hesitation to hold that there has been clear deficiency in service on the part of Ashwani Automobiles which resulted in inconvenience and mental harassment to the complainant.”

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The complainant, Kanwaljit Singh, a resident of Sector 7, had purchased a Hyundai SX car on January 30, 2015, from LG Hyundai (Ashwani Automobiles Pvt Ltd), Tribune Chowk, for Rs 9.80 lakh. The car was under a warranty of 24 months from the date of delivery. Right from the beginning, the car had started giving trouble. When the complainant was driving the car on the second day of its purchase, it started making a cracking sound and stopped after a few minutes. The problem was immediately brought to the notice of Ashwani Automobiles.

On February 3, 2015, the vehicle again broke down and the complainant informed the dealer who sent a sale person along with two mechanics to verify the problem. The car was finally towed to the workshop. The complainant claimed that he could not attened a meeting in his office and lost a chance of getting a profitable deal. In the evening, the car was returned after necessary repairs and as per their technical department, they had to change two injectors. The complainant had demanded a report on the changes made but no technical report was given.

On May 20, 2015, the complainant’s daughter was driving the car. Suddenly, there was a strange noise in the engine and she was stuck on the road in Sector 9, Chandigarh. With the help of customer care, the car was again towed away to the automobile company’s service centre.

In its reply, the Hyundai automobile company said the allegations of manufacturing defect in the car in question were false. It is alleged that the car had covered 9,198 km. The car cannot develop a manufacturing defect after eight months from the date of purchase, that is on September 25, 2015. It is also claimed that the best services as per warranty policy were always provided to the complainant whenever the vehicle was brought to the workshop with any complaint.

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