Consumer forum orders Fiat dealer to refund total price for defective car

Compliance of the order should be made within one month,failing which the opposite parties shall be liable to pay interest on the sale price at the rate of 9 per cent per annum from the date of the order till the date of actual payment,ordered the Forum.

In his complaint,Naik Mohan Lal of Sector 24-D,Chandigarh,had submitted that he had purchased through CSD,Jalandhar Cantonment,from Hind Motors,a Fiat Palio top model on September 4,2009,for Rs 4,26,299. This car being defective was replaced by the dealer with a new car on November 12,2009. The insurance of the old car was got canceled for the remaining period and accordingly refund of Rs 3,917 was given by the insurance company to Hind Motors. “But dealer has not reimbursed the same to me amounting to unfair trade practice,” said Lal.

The complainant alleged that even the new car was defective. “It has got inherent manufacturing defect. It might be a second hand/used car. It started giving trouble of excessive wear and tear of tyres on regular basis. Despite my frequent visits to Hind Motors,this problem could not be rectified. At 24,000 km,all the tyres were rubbed off besides other major defects,” alleged he. The car dealer admitted the liability but instead of again replacing the car,only 4 car tyres,without ascertaining the cause of damage to the car,were replaced that also by charging Rs 14,800 from the complainant.

Alleging deficiency in service on the part of the car dealer and manufacturer,the complainant moved the Forum seeking refund of car price,other charges,Rs 2 lakh compensation and Rs 15,000 litigation cost. Contesting the complaint through separate written statements,Hind Motors (India) Ltd and Fiat India Pvt Ltd attributed the defects to overloading,rough use on rough roads and without prescribed air in the car tyres. They denied any deficiency in service on their part and sought dismissal of the complaint.