“There can be no doubt that there was deficiency in service on the part of both the opposite parties,” the commission said on August 13, holding that the car could not get the assured mileage even after efforts were taken to address the problem.
The dispute began after the complainant purchased the car on January 23, 2015. He alleged that the dealer had assured him an average mileage of 18.5 km per litre. He later complained that the car was giving only about 5 km per litre and alleged that it had a manufacturing defect.
Dealer admits low mileage
The dealer admitted that the car had been tested after the complaint and was found to have a mileage of 8 to 10 km per litre. It argued that mileage depended on various factors, including road conditions, petrol quality and driving habits.
The dealer also stated that vehicles of the same type could give 15 to 18 km per litre on highways, while maintaining that there was no manufacturing defect in the complainant’s vehicle. The company also denied any manufacturing defect and said mileage could be affected by fuel quality, tyre pressure, weather, laden weight, electronic equipment, road conditions, driving habits and maintenance.
Relying on testing by the Automotive Research Association of India, the company further said the mileage problem had been resolved and relied on a satisfaction note signed by the complainant on the repair order dated August 19, 2016.
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13.2 km mileage per litre: Expert report
The state commission considered the evidence, including an expert report, which found that the vehicle had a mileage of 13.2 km per litre. It noted that the dealer had admitted that vehicles of the type purchased by the complainant should provide 15 to 18 km per litre on highways. It also noted the dealer’s evidence that the complainant’s vehicle had been giving only 8 to 10 km per litre.
Concluding that the evidence showed the vehicle did not get the mileage promised by the company and the dealer, the commission found no evidence to substantiate the allegation of a manufacturing defect, and the expert report did not say that the vehicle suffered from one.
However, it held that the failure to provide the assured mileage, despite efforts, amounted to deficiency in service. It also noted that the complainant had suffered financial loss and mental agony due to this.
The state commission then modified the relief granted by the district forum. Since the vehicle remained with the complainant and there was no proof of a manufacturing defect, it held that replacing the car or refunding its price was not appropriate.
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Instead, the commission held that reasonable compensation for the deficiency in service would meet the ends of justice. It enhanced the compensation from Rs 25,000 to Rs 75,000, while leaving the costs and default interest provision undisturbed.
Takeaway
Consumers should keep records of any mileage assurance made at the time of purchase. If the promised mileage is not delivered despite efforts to resolve the issue, it may amount to deficiency in service even if a manufacturing defect is not proved.
Consumers facing similar grievances may contact the consumer helpline in their respective states (Kerala: 1800-425-1550) or dial the National Consumer Helpline at 1915 for assistance.
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