Demand to replace vehicle due to defect in part rejected

Ramkrishan Upadhyay

Tribune News Service

Chandigarh, November 8

Rejecting the demand of a city resident to replace the car or refund the cost of the vehicle due to a defect in one of the parts, the District Consumer Disputes Redressal Commission, Chandigarh, has directed Modern Automobiles, Industrial Area, Phase I, Chandigarh, to replace the defective part free of cost with one year warranty in addition to free washing and cleaning.

In a complaint filed before the commission, city resident Mandeep Kumar Garg submitted that he purchased a Maruti Suzuki Swift VXI car from Modern Automobiles, Industrial Area, Phase I, Chandigarh, for Rs6,05,000 on March 31, 2018.

The complainant said when he visited the dealer to get his car serviced for the first time on May 12, 2018, he was told by an official of the dealer that the manufacturer informed them that there was a manufacturing defect in the car. Therefore, the official asked the complainant to leave the vehicle for necessary repairs.

Mandeep said when he checked the particulars of his car on the manufacturer’s website, he found that his vehicle was having some manufacturing defect i.e. brake vacuum hose.

After getting information, he requested the dealer to replace the car, but to no avail. Though the dealer admitted that there was manufacturing defect in the car, it did not replace the vehicle nor refunded the money.

The dealer denied all allegations and said the service adviser had requested the complainant to leave the vehicle at the service station so that the part could be replaced free of cost, but he refused to do so and took his car without service.

After hearing the arguments, the commission noted that on the basis of some complaints regarding the brake system of Swift and Baleno cars manufactured and sold in years 2017 and 2018, a circular was issued by the manufacturer to inspect the cars of these make of the said period and replace the brake part/brake vacuum hose free of cost.

“We are of the considered opinion that the action taken by the company is genuine one. It does not recall for any replacement of the car as a whole as the defective part can be replaced without affecting the performance of the vehicle respect of its engine etc.,” read the order.

The complaint is partly allowed with direction to the dealer to replace the necessary part of the car free of cost in addition to free washing and cleaning.