Hyderabad: The consumer forum ordered New India Assurance and Harsha Automotive Private Limited to pay a city resident Rs 2,17,948 for deficiency of services, refund and costs.
The complainant, Mr Bosetti Prabhakar, proprietor of High Kem, bought a Toyota Etios Liva GD vehicle for Rs 6,14,110.44 with a warranty period of 36 months from Harsha Automotive. The vehicle stopped working after a few months during the warranty period, and he gave it to the showroom for repairs.
Mr Prabhakar was asked to pay Rs1,72,948 on September 9, 2014 for the repairs. As the vehicle was under warranty, he requested Harsha Automotive and New India Assurance to deliver the vehicle without charging him. The two companies refused, and kept the vehicle for four months.
New India Assurance said the warranty was only against manufacturing defects and did not cover damage caused by accidents, improper driving or lack of maintenance.
The insurer employed an external surveyor to check the car. It told Mr Prabhakar that it was willing to pay whatever charges were recommended by their surveyor but the complainant demanded refund of the full amount paid for the repairs.
The forum noted that Mr Prabhakar was not exorbitantly nor dishonestly demanding any extra amount from Harsha Automotive or New India Assurance. It was revealed that the car had been involved in a minor accident that took place during the warranty period offered by companies, and during the term of the vehicle insurance. Therefore, the companies cannot escape the liability with regard to the demands from Mr Prabhakar, the consumer forum said.
The forum ordered the insurance company to reimburse Mr Prabhakar Rs 1,62,948 and asked Harsha Automotives to pay a compensation of Rs 50,000 for causing physical strain, financial loss and delay in delivery of the vehicle and Rs 5,000 towards costs.
