Chandigarh Consumer forum directs automobile firm to replace faulty car, pay Rs 1 lakh as compensation

The consumer forum relied on the report of PEC University of Technology which said the car had inherent defects.

By: Express News Service | Panchkula | Published: June 16, 2016 6:08:41 am

The Panchkula District Consumer Forum directed a leading automobile company to replace a car and pay a compensation of Rs 1 lakh to a Panchkula-resident for selling a faulty car with an inherent manufacturing defect.

37-year-old Pradeep Kumar, a resident of Sector 9, had purchased Nissan Terrando XVD Car from M/s Berkeley Nissan, Phase-1, Panchkula for Rs 11 lakhs on December 20, 2013 and got extended warranty period by paying a sum of Rs 12,600 on November 28, 2014.

However, the car did not give satisfactory performance due to inherent manufacturing defect and as a result, there were problems of noise in the engine and the car would also stop in between abruptly.

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When Kumar brought the car to the car dealer in Panchkula for rectification of defects, its technical official revealed that there was manufacturing defect in the engine and the car remained with the company for about two months.

After two months, the car was returned to him with an assurance that the defect had been rectified. However, in October 2014, the problems resurfaced and the company returned the car after minor adjustments.

In April 2015, the car broke down again when Kumar was driving from Karnal to Chandigarh alongwith his family. He then took the car to a workshop of Hind Nissan, Hind Motors India Limited, Industrial Area in Chandigarh in April 2015, where the car had been lying till a complaint was filed in the consumer forum.

Following the complaint, the court sent the car for inspection to Chandigarh-based PEC University of Technology.

As the problem started after six months of purchase and the engine of the vehicle was overhauled, the report opined that it could be due to some inherent defects in the car. Taking the case into consideration, the Court accepted the findings of the report and held the company guilty of deficiency in services. The forum, thus, directed the automobile company to replace the car with a brand new car of the same make and model, free of charge. It also directed the company to pay a compensation of Rs 1 lakh for mental agony and harassment.

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