Replace defective car with new one, says court

Sandeep Rana

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Tribune News Service 

Panchkula, June 15

In a stern message to auto car companies, the District Consumer Court has ordered Berkeley Nissan and others to replace over two-year old defective Nissan Terrano XVD car with a brand new one along with a compensation of Rs 1.10 lakh, including litigation cost, for mental harassment to the complainant.

Pardeep Kumar, a resident of Sector 9, Panchkula, averred in his plaint that he purchased the car from Berkeley Nissan, Industrial Area, Phase 1, Panchkula, for a sum of Rs 11,00,128 on December 20, 2013, with an extended warranty period on finance.

But, within six months of its purchase, its engine became noisy and the car started stopping in between abruptly, besides giving a low average.

The car was sent to Berkeley for rectification of defects and it remained with the company for about two months. After two months, the vehicle was returned to the complainant but in October, 2014, the car again started giving the same problem. The company after minor adjustment repaired the vehicle and returned the same to the complainant. But, still the problem cropped up again.

In its reply to the forum, Berkeley stated it had repaired the vehicle immediately without any delay and the complainant had not suffered any loss as there was no inherent defect in the vehicle.

In January 2016, the forum referred the vehicle to the Director, PEC University of Technology, Chandigarh, to inspect the car for the defect. The report said the vehicle must have had some inherent defects from the very beginning as it gave a low average and starting problem with a noise.The court headed by president Dharam Pal said in its order, “...the vehicle is suffering from manufacturing defect. Resultantly, the complainant had to undergo a lot of physical harassment, mental tension as well as he was forced to enter into unnecessary litigation on this account. Thus, the deficiency in service on the part of the opposite parties is writ large...”

The forum also directed the parties to pay a sum of Rs 22,900 to the complainant, which he had paid to PEC for the inspection. Nissan Motors India Private Ltd, Tamil Naidu and Hind Nissan, Industrial Area, Phase 1, Chandigarh, are the other two parties penalised.