The complainant, Sachin Kumar, purchased an Indica V2 from the firm in August 2007 and had it regularly serviced as prescribed in the owner’s manual. Kumar alleged that the car had certain some manufacturing defects but the dealer never repaired them or replaced the defective parts.

It was averred that in July 2008, the vehicle was handed over to the firm for service and the defects were pointed out to the service supervisor.

They were, however, not removed and Kumar said he gave them the vehicle again for repairs. At the time of delivery, the firm made him pay Rs 11,068 towards repairs, Kumar stated.

In its reply, the firm denied the car had manufacturing defects. They said the vehicle was in perfect condition and without any defect.

The forum said the contention by the dealer that the engine flush liquid, clutch cover, clutch disc assembly, assembly clutch release are all consumable articles which got consumed due to the excessive use of the car is devoid of merits.

“The dealers knew that the car was under warranty on the date on which it was repaired by them. They also knew that excessive use of the car cannot take the same out of warranty. Obviously, when there is no embargo on the distance to be covered for being eligible for warranty, such a ground could not have been taken by to recover the amount from the complainant,” said the forum.

The firm has also been asked to pay Rs 2,100 as litigation costs.