Brand new car ‘breaks down’ twice, Chandigarh man wins over Rs 19 lakh payout

“When a newly purchased vehicle becomes non-operational within four days of delivery and requires extensive repairs almost immediately after purchase, the consumer cannot be compelled to remain satisfied merely because repairs have been carried out under warranty. A consumer purchasing a brand-new vehicle worth more than Rs.19 lakhs is legitimately entitled to expect safe, uninterrupted performance of the vehicle and reliability for a reasonable period,” noted the June 17 order.

Car stalls twice within days of purchase

One Pukhraj Singh Bal, a resident of Chandigarh, purchased the Windsor EV Essence Pro from Krishna Automobiles on July 23, 2025, for Rs 19.07 lakh, partly financed through an HDFC Bank loan, and the car was delivered to him the same day.

Four days later, on July 27, 2025, the vehicle allegedly stopped suddenly on the road while the man was travelling with his family, leading to a collision when another car hit it from behind. The same problem allegedly recurred later that evening, forcing him to discontinue his journey midway. The car was towed to the dealer’s workshop and stayed there till August 14, 2025, when the man was called in for a test drive, only to allegedly find it had suffered fresh damage while in the dealer’s custody.

Advocate Gaurav Kant Goel, appearing for the man, argued that the recurring failure amounted to a manufacturing defect that endangered the man’s and his family’s life, and that the dealer had compounded the harm by allowing further damage to the car while it was parked at the workshop.

Dealer, MG blame safety system, not defect

Counsel for Krishna Automobiles (dealer), Advocate Jagvir Sharma, contended that the ADAS had automatically applied brakes on detecting a vehicle ahead, which caused the rear-end collision, and that a technical inspection had found no internal mechanical or electrical fault in the car. He added that the August 14, 2025 damage was caused by a third party during cleaning, and that the dealer had offered to repair it free of cost.

JSW MG Motor India’s counsel, Advocates Gursher Singh Bhandal, argued that there was no direct contract between the manufacturer and the man since the dealer operated on a principal-to-principal basis, and that the approval of an insurance claim for the repairs itself showed the damage was accidental rather than a manufacturing defect covered under warranty.

The commission was not satisfied with the arguments, and it further noted that the inspection report submitted by the dealer, claiming no fault was found, had been prepared unilaterally after the incident, without any notice to the man or with his participation, and could not be treated as independent evidence. It further noted that the mere activation of the ADAS did not rule out an underlying defect, particularly since the dealer had itself admitted that a third party damaged the car while it remained in the workshop’s custody.

It also observed that the car had covered only about 485 km when the fault occurred and was practically brand new, well within its three-year warranty, which undercut the claim that the incident was purely accidental. On the manufacturer’s privity argument, the commission held that since JSW MG Motor India issued the warranty and the dealer acted as its authorised representative for sales and after-sales service, the manufacturer could not escape liability towards the consumer.

The commission directed Krishna Automobiles and JSW MG Motor India to jointly refund Rs 18.49 lakh with 9 per cent interest from July 23, 2025, and Rs 57,690 with similar interest from July 24, 2025, along with Rs 50,000 in compensation, within 45 days of receiving the order.

Takeaway

A dealer or manufacturer cannot rely on a unilateral, self-serving inspection report prepared without the consumer’s knowledge to prove that a vehicle’s safety system functioned normally rather than malfunctioned. Where a seller has exclusive access to a vehicle’s diagnostics, the burden of proving normal functioning lies on the seller, and a consumer who buys a new vehicle is entitled to reliable performance from the outset, not one that breaks down and needs repeated repairs within days of delivery.

For consumer-related grievances, individuals may contact the consumer helpline in their respective states and union territories (Chandigarh helpline:0172-270-0183) or call the National Consumer Helpline at 1915 for assistance.

(Written by Avinash Verma, Avinash is an Intern at The Indian Express)