This Man From Delhi Wins A 12-Yr-Long Legal Battle Against A Car Company To Get His Car Repaired

The Logical Indian Crew Delhi

August 17th, 2017 / 3:55 PM

Courtesy: India Today | Image Credit:India, mitula

A Delhi consumer court awarded partial victory to a car owner, Manan Jain, who fought a 12-year legal case over a defective car, by ordering the car manufacturer to make the vehicle fully functional but rejected the man’s prayer for a replacement car, reported India Today.

The court directed the car company to compensate Jain with a sum of Rs 80,000 for the mental agonies he faced.

Jain was frustrated with the ‘irreplaceable manufacturing defects’ and had finally decided to leave the car at the showroom, demanding a replacement or a refund.


Background

Jain had purchased a Tata Indigo Marina LS in 2004 paying a sum of Rs 4,79,972 with an extended warranty of 18 months. Soon after the acquisition, several manufacturing defects in the car came to Jain’s notice. Jain took the car to the showroom from where it was bought.

The car had some problems. Jain alleged that the car was inefficient regarding fuel consumption as it was giving poor mileage. It had a low pickup and did not accelerate properly. The clutch was defective, and the vehicle spewed a lot of black smoke because of which he could not get a pollution certificate. The brakes were defective, and the air conditioning system was ineffective as it kept tripping every 2-3 minutes.

The car’s engine was also not working properly and was making a tappet noise. The battery was also losing gravity because of the improper functioning of the alternator – the horn was not functioning properly, and the Shockers were also defective.

Jain’s lawyers put their arguments reportedly in these words, “Within one year from its purchase; the complainant had visited the workshop as many as 10-12 times. It is contended that considering the repeated visits of the appellant to the workshop for its repairing, the district forum ought to have awarded the refund of the amount or ordered for replacement of car.”


Manufacturers had a different point of view

The lawyers of the manufacturer’s side argued that Jain had hidden that the car had met with an accident and had no manufacturing defect. Also, the car was left at the showroom since 2005 and Jain did not care to take the vehicle back in spite of several written intimations. Hence, he was not entitled to any relief as has been claimed by Jain.

Although the court said that leaving the car at the showroom was not justified, it did acknowledge the mental and physical agony that Jain was put through for taking the car some times to the showroom for the removal of the defects.

In the light of this, Justice Veena Birbal increased the compensation amount to be paid from Rs 50,000 to Rs 80,000 but ruled that a replacement of the car was not possible. The court also ordered the manufacturer and the dealer to make the necessary changes to make the car defect-free and then hand it over to Jain in 30 days time.

The Logical Indian community appreciates the verdict of the Delhi consumer court that has rightfully taken into consideration of the complainant. The indifferent and shirking attitude of the manufacturer and the dealers in utterly condemnable. Very often similar incidents occur to us, but we are hardly aware as to which door to knock to get our grievance redressed – people like Manan Jain show us the way which we need to bring into practice.

 


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