Consumer Forum ordered to repair car, pay damages

Chennai: The District Consumer Disputes Redressal Forum, Chennai (North) directed a leading car manufacturer to replace the defective engine and oil sump in a car purchased by a person four years ago and provide him with a compensation of Rs 55,000 to him for causing mental agony.

In the petition, S.G. Ramesh Kumar of Chinmaya Nagar Stage II Extension submitted that he purchased Volkswagen (Model Polo 1.2 TDI) car on 19.4.2012 for Rs 5.89 lakh from Abra Motors Pvt. Ltd., Anna Nagar.

On 07.12.2012, he noticed a leakage of oil on the car display board and immediately he contacted customer care of M/s Volkswagen India Pvt. Ltd.

The dealer informed him that insurance approval was granted and the vehicle would be delivered after changing damaged oil sump. However, on January 10, 2013 the insurance approval was declined. The service manager, E. Raja directed him to pay 50 per cent of the expenditure approximately Rs 2 lakhs.

Ramesh Kumar contended that he purchased the car for his official work. As the Volkswagen failed to repair and deliver the car, he was put to hardship. He also spent Rs 1,500 per day for his travel regularly.

He issued notice on February 13, 2013 to M/s Volkswagen India Pvt. Ltd., Pune, M/s Volkswagen Group Sales India Pvt. Ltd., Bandra Kurla Complex, Bandra (East), Mumbai and Abra Motors Pvt. Ltd., to replace oil sump with the engine. As there was no response, he filed the petition seeking compensation for causing mental agony.

Denying the allegations, M/s Volkswagen India Pvt. Ltd., Pune submitted that the firm does not play any role. M/s Volkswagen Group Sales India Pvt. Ltd, stated that he made baseless allegations regarding manufacturing defects in the car without substantiating the same with any expert report.

The insurance contract was neither initiated nor facilitated by this company. Abra Motors Pvt. Ltd stated that Ramesh Kumar damaged the oil sump due to negligence and rash driving. He made an attempt to get complete engine replacement for free. Hence, the complaint was liable to be dismissed.

The bench of its president  K. Jayabalan and Member T. Kalaiyarasi said the engine had a manufacturing defect and hence M/s.Volkswagen India Pvt. Ltd., and M/s. Volkswagen Group Sales India Pvt. Ltd., are liable to bear the cost of replacing of engine and oil sump in the vehicle.

The bench directed Abra Motors Pvt. Ltd., to return the oil sump and the engine within one week to the manufacturer. The bench also directed the Volkswagen to pay him a compensation of Rs 55,000.