Car buyer gets Rs 61.61 lakh refund over defect in vehicle

Chandigarh, September 9

The District Consumer Disputes Redressal Commission, Chandigarh, has directed Fiat Chrysler Automobiles (FCA) India Automobiles and KAS Cars to refund Rs 61,61,000 to a car buyer — Inderjit Kaur — after the four-wheeler reportedly developed a defect soon after the purchase.

Besides, the commission has directed the dealer and the company to pay Rs 50,000 to the complainant as compensation for causing her “immense mental agony”. They were also ordered to cough up an additional sum of Rs 15,000 to cover her legal expenses.

Kaur, a resident of Sector 33-B, Chandigarh, had stated in her complaint that she had been approached by an official of KAS Cars with an offer to purchase car — Jeep Grand Cherokee — at a discount of Rs 17 lakh below its showroom price of Rs 80 lakh.

The vehicle was said to have been manufactured in November 2016.

The buyer was assured at the time of the purchase that the car was brand new, and that it had no defects. She purchased the car on September 14, 2018, for Rs 61,61,000.

She alleged that soon after she had bought the car, it started to malfunction. The car would abruptly come to a halt in the middle of the road, raising the risk of a mishap.

She said that every time she took the car to the opposite parties (OPs) — the company and the dealer — she was assured that the issue had been resolved. But as the problem persisted, Kaur urged the OPs to replace the car with a new one, but the OPs declined her request. They did not even agree to refund her.

The company contended that the complaint was not maintainable as FAC India Automobiles sells vehicles with the manufacturer’s warranty to its authorised dealer under a principal-to-principal relationship on a wholesale basis.

On completion of the pre-delivery inspection and the sale of vehicles to the authorised dealers, its contractual obligations are limited to the reimbursement of parts under warranty.

The dealer disputed the complainant’s claim that the vehicle suffered from manufacturing defects.

After hearing the arguments, the commission directed the OPs to refund Kaur Rs 61,61,000 within 45 days of receipt of a copy of the order, failing which they would be liable to pay interest on this amount from the date of the order till its actual realisation. The OPs were also directed to pay her an additional Rs 50,000 for causing her “immense mental agony”.