Nexa told to replace car as paint fades in a few weeks

Tribune News Service
Chandigarh, October 10

The Nexa showroom at Elante Mall and Autopace Network Private Limited, Industrial Area, Chandigarh, have been penalised by the District Consumer Disputes Redressal Forum for selling a vehicle whose colour kept fading.

The company had tried to dismiss the matter by saying that it was not a manufacturing defect but a result of ‘bird droppings’. However, the forum directed them to replace the car and pay for its registration as well, failing which it would have to refund the entire amount.

The complainant, Gurpreet Singh, had purchased a Maruti Baleno car from the Nexa showroom on March 11, 2017, for Rs 6.40 lakh. The car was bought on finance. The complainant further spent Rs 19,975 on its insurance, Rs 34,260 on its registration and Rs 14,900 on accessories.

A few weeks later, the paint of the car started fading at various spots. The problem was brought to the notice of the respondents, who recommended protective top body coating, which he got done on April 13 and paid Rs 2,500 for it. Despite this, more spots started emerging on the surface of the car and the old small sports turned big.

After being repeatedly apprised of the issue, the company conducted an inspection and found that it was a manufacturing defect. The firm assured to get the issue resolved positively, yet nothing was done.

Later, the complainant received a mail from the authorities that it was a case of ‘bird droppings’ and not a manufacturing defect.

Hence, a complaint was filed with a prayer for replacement of car with new one on the grounds of manufacturing defect in the paint of the car, deficiency in service and unfair trade practice.

No representative of the respondents turned up despite a notice being sent through post on June 5 this year. Hence, they were proceeded ex parte on August 2.

After listening to the arguments, the consumer forum observed, “The complainant has spent Rs 6,40,000, a huge amount, for comfortable and luxurious drive. Even though the opposite parties undertook to paint the car on its expenses, it will not compensate the complainant in upholding the value of his car in the market. Once repainted, the car would definitely depreciate/lose its market value.”

It also added that a report of defect in the paint of the car by the AGM (Service) and the consequent offer of the firms to repaint the car in question due to its chemical defect in the paint, which occurred just after purchase of new car, as well the evidence on record, clearly establish the manufacturing defect in the vehicle. The defect in the paint of the car is a major defect, which cannot be compromised and the manufacturer has used the paint of low quality leading to this phenomenon.”

The opposite parties were thus directed to replace the car with a new one and bear the expenses of the registration of the new car. In case of failure to do so, they shall be liable to refund the entire price of the car (Rs 6.40 lakh) with interest.