Delivery of a defective car as a brand new vehicle proved costly for a Maruti dealer as the National Consumer Commission has directed it to pay a compensation of Rs one lakh for unfair trade practice.
“The auto dealer should at least pay a sum of Rs one lakh to the complainant for the loss,injury and harassment suffered by him due to the delivery of a defective vehicle to him in the garb of a brand new vehicle,” it said.
The Commission headed by Justice R C Jain also imposed a cost of Rs 10,000 on the dealer,Sah and Sanghi Auto Agencies Private Limited,for deficiency in service.
“Ample material was brought on record to show that the vehicle in question had met with an accident while in transit,” the Commission said.
It rejected the dealer’s contention that vehicle was purchased by the partnership firm for commercial purposes.
“Merely because it has been purchased by a partnership firm,it cannot be said that the vehicle in question was purchased for any commercial purpose because it was neither intended to be resold with a view to earning any profit,nor for running it as a commercial transport,” the NCDRC said.
Complainant D K Raman purchased a Maruti Suzuki Esteem LX in 1996. He approached the Maharashtra State Commission after he learnt that he was supplied the defective car which suffered damage in the accident.
The State Commission dismissed his plea following which he approached the NCDRC for relief.