Court asks automobile dealer to compensate for defective car

March 17th, 2009 - 12:39 pm ICT by IANS  

New Delhi, March 17 (IANS) A consumer court here has asked an automobile dealer to pay Rs.10,000 as compensation to a customer who was given a defective car and also refund the cost of the vehicle.
Sachin Bhaskar had booked an Opel Corsa car in 2000 and made the payment of Rs.645,478 to Regent Automobiles Ltd in Green Park. When he went to pick up the car from the dealer, he was surprised to discover defects in the car.

As per the complainant, there were numerous pinholes on the roof top and scratches all over the body. There was a big dent on the left rear portion of the car, all the ungalvanised parts including battery stand were rusty and the rubber parts attached to the bonnet were also found to be brittle.

Bhaskar refused to accept the defective vehicle but on his return to the dealer a few days later, he found that the car had already been registered in his name.

The representatives of the car dealer said they were unable to offer an alternative vehicle and could only repair the defects. Bhaskar refused and approached the consumer court.

Opposing Bhaskar’s complaint, the dealer alleged that the vehicle had been lying in the open awaiting delivery for more than three weeks on account of which tiny dirt specks had formed at one or two places. The dealer claimed that the spots could go with proper cleaning and polishing.

However, the Delhi State Consumer Disputes Redressal Commission ruled in favour of Bhaskar March 10.

“Any consumer would have refused to take delivery of such a vehicle, which on the face of it suffered from several defects. The complainant had purchased a brand new vehicle and therefore he was expected to take delivery of a brand new vehicle in brand new condition,” said Justice J.D. Kapoor.

The court asked the dealer to refund the cost of the vehicle and also asked it to pay a compensation of Rs.10,000, including cost of litigation, to the customer.

The court further stated that vehicle in question might have been used by the car dealer before delivery and it might have suffered some dents. It was pointed out by the complainant as well as he has received notices for flouting traffic rules.

“In our view, even if the defects pointed out by the complainant were not of any mechanical defect or inherent manufacturing defect but still the car had to be defect free,” said Kapoor.

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