A consumer court has asked auto major Skoda India Private Limited and a dealer to shell out Rs 30,000 as compensation to a buyer who was sold a defective car.
The East Delhi District Consumer Forum also imposed a cost of Rs 5,000 on the company and its dealer Sai Automobiles as there was recurrence of same defects despite repairs.
"We direct the company and its dealer to pay to the complainant jointly or severally Rs 30,000 as compensation for physical and mental harassment and Rs 5000 as litigation cost," the Forum bench headed by President U C Tiwari said.
The Forum passed the order on a complaint of M/s SDR Printer seeking directions to SIPL either to replace the vehicle or refund the entire amount with an interest.
Alleging that there was manufacturing defects in Skoda Fabia Elegance car, the complainant firm sought Rs 40,000 compensation for visiting service stations for rectifying problems relating to wheels, door noise and head lights.
The company tried to wash off its hand from its liability, saying there was no manufacturing defect and blamed poor performance of the vehicle on the usage of impure fuel by the buyer, the forum said.
But the company's contention was disallowed by the court which labelled its arguments as an "excuse to conceal the defects" in the vehicle.
"According to the company and its dealer, the defects were only due to utilisation of impure fuel. "But, I think it is just the excuse to conceal the defects found in the vehicle because normally people take fuel from authorised petrol pumps...As such, the complainant was being physically and mentally harassed after purchase of the vehicle till June 4, 2009," it said.
The Forum, also comprising Members M Saxena and T Vijayan, noted that from 2008, the year when the car was purchased and till last year, the vehicle came to the dealer for repair nine times, which showed that it was not in normal condition.
"Because if anybody purchases a new vehicle and paid money for the same, he presumes that the vehicle will be in normal condition for at least two years. But in this case, the vehicle was not in normal condition as per the service history given by the parties," the Forum said.
It directed the parties to repair the vehicle completely without taking any charge and deliver the same to the complainant.
"If even after repair of the vehicle, the defects were not removed in the vehicle, the complainant may file a fresh case with proof of manufacturing defect for replacement of the vehicle or refund of the price money," the Forum said.
