December 12, 2008 12:48:25 am
The Delhi State Consumer Commission has directed the car manufacturing giant Hyundai Motors to pay around Rs 7 lakh to a customer who was sold a ‘defective’ Accent car.
Commission president Justice J D Kapoor ruled that the manufacturer was liable for compensation if it was selling defective goods, whether the defect was “inherent or not”.
The order came on the complaint of a city-based physician, Dr M M Mittal, who sought the replacement of his car.
According to the complaint, Mittal purchased the car in August 2003. The very next day, however, he noticed that the car’s engine was making an abnormal noise whenever the car the car was driven at high speed.
When numerous complaints to the dealer and the car makers yielded no results, he was forced to approach the commission.
Hyundai Motors, however, challenged Mittal’s contention, claiming that the car had been sent to the dealer in “perfect conditions”, and according to the policy, after the sale of a vehicle, all deficiencies become the liability of the dealer and the company does not share the responsibility of any defect whatsoever.
The Commission, however, differed and held that in case of a consumer was forced to take his new car for repairs too frequently, the company would have to replace the car.
“Whenever a consumer points out a defect in a new vehicle and takes the same for repairs frequently, the onus lies on the manufacturer to prove that those defects are not manufacturing defects,” the commission noted, dismissing the petition of Hyundai against a previous order of the District Forum.
It directed the car maker to refund the cost of the vehicle (around Rs 6.5 lakh), along with a compensation of Rs 50,000 for the “mental agony and harassment” the consumer faced for having to take his 2003 model luxury car for frequent repairs.
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