Auto dealer, firm fined for deficiency in service

Ramkrishan Upadhyay

Tribune News Service

Chandigarh, May 9

Refusing to provide promised services despite taking required amount cost an auto dealer and a manufacturing company dear.

The District Consumer Disputes Redressal Commission, Chandigarh, has directed Krishna Auto Sales, Industrial Area, Chandigarh, and Skoda India Private Limited to not only refund Rs9,999 to the complainant but also asked them to pay Rs10,000 as compensation for causing mental agony and harassment and cost of litigation.

Dr Suvankar Chakraverty approached the Commission through counsel Devinder Kumar after the dealer refused to accept the maintenance package despite taking required charges.

Chakraverty said he booked a Skoda car on March 31, 2018, which was delivered on April 4, 2018. He said at the time of purchase, he was promised that he would get a maintenance package of four years/60,000 km (whichever occurs first) at one-time fixed rate of Rs9,999. He had duly deposited the said amount and the first maintenance date was due on February 2, 2019. On February 15, 2019, the complainant was told by the dealer that the maintenance package was not valid for him. The complainant approached the dealer and also sent a legal notice, but to no avail. Alleging that the act amounts to deficiency in service and unfair trade practice, he filed a complaint.

The opposite parties (OPs) – the dealer and the manufacturer - contested the claims of the consumer. The dealer, in its written reply, said it was not in a position to issue the maintenance package because the manufacturer had informed all dealership vide its sales circular sent on October 12, 2017 that the package should be issued within 30 days from the date of the purchase of a vehicle. Since the complainant failed to make the payment within a period of 30 days, the manufacturer refused to issue the package.

After hearing the arguments, the Commission noted that a payment of Rs9,999 was made in the name of the manufacturer on May 2, 2018, and the car was delivered to the complainant on April 4, 2018. Hence, the amount was paid to the manufacturer within 30 days as specified by the OPs. Hence, the act of the OPs in not honouring the promised service to the complainant proves deficiency in service and unfair trade practice on their part.

In view of this, the opposite parties are directed to refund Rs9,999 to the complainant along with interest @ 9 per cent per annum from the date of deposit i.e. May 2, 2018 till realisation. They have also been asked to pay Rs5,000 to the complainant as compensation for causing mental agony and harassment and Rs5,000 as cost of litigation.

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