Chennai: Dealer fined Rs 25,000 for not returning car after repairs
No bill was produced for repairs, spare parts worth Rs 1.65L.
Chennai: The District Consumer Disputes Redressal Forum, Chennai (South) has imposed a fine of Rs 25,000 on a car dealer for not returning a car taken for repair and for attempting to collect Rs 1.64 lakh without valid profoma invoice /estimate bills. The Forum has directed the dealer to return the car immediately.
In the petition, Santha Sridharan of Anna Nagar submitted that she purchased Honda City Car A-Alabaster vehicle from TVS Sundaram Motors, Anna Salai for Rs 7,34,570 with the help of loan availed from ICICI Bank.
On September 9, 2007 when her family members were returning to Chennai from Tirupati the vehicle stopped suddenly in the middle of the road. Immediately, she intimated matter to dealer. She paid Rs 10,000 as advance to the staff and the vehicle was taken to their workshop. Since then there was no response from the agency.
After a long gap, they replied that they had attended the mechanical fault in the vehicle and directed her to pay Rs 1,64,099 less advance of Rs 10,000. She contended that the dealer committed negligence and stated that without raising a bill they sought payment of Rs 1.64 lakh. She sought direction for compensation and for replacement with a new vehicle.
In its reply, Honda Manager, Sundaram Motors denied the allegations. The husband of the complainant brought the vehicle to the showroom for repairs. It was noticed that the oil sump in the vehicle was damaged due to external impact and hence oil leaked out from the engine oil sump. As the vehicle was driven continuously with less or no oil, the engine had suffered oil starvation. Finally, the engine ceased.
Customer Services, ICICI Lombord, General Insurance Company Ltd., stated that the company not liable to pay any compensation or replacement with a new vehicle. The vehicle developed a problem that can be attributed either to the bad maintenance or some manufacturing defects.
The bench comprising President M.Mony, Members K.Amala and Dr T. Paul Rajasekaran, said the dealer failed to produce any profoma invoice, estimate bill, details of spare parts and bill or repairs bill before this Forum. They had only produced a bill for the alleged repair of the vehicle to the tune of Rs 1,64,099. Hence the complainant was not liable to pay amount to the agency.
Considering the facts and circumstances, the dealer shall deliver the car to the complainant immediately without making a claim since the vehicle is covered under warranty period. The bench imposed a fine of Rs 25,000 on the agency for causing her mental agony.