THE FINANCIAL EXPRESS

Skoda buyer gets Rs 40K compensation

NEW DELHI, AUG 03 2010, 18:18 IST

Sai Automobiles ASHISH SINGHANIA

An automobile company and its dealer have been directed by a consumer court to pay Rs 40,000 in damages to a man for physical and mental harassment in visiting the agency several times to get noise and vibration problems in his brand-new car rectified.

The East Delhi District Consumer Disputes Forum also imposed a cost of Rs 5,000 on both -- Skoda Auto India Private Limited and Sai Automobiles and directed them to rectify the problem free of cost.

The Forum said that the complainant was entitled to compensation as he had to visit the agency for getting rectified the noise and vibration problems several times since the time of the purchase of the car.

"It cannot be denied that the vehicle in question created problem since the very day of the purchase by the complainant.

"But the complainant was harassed for repair of the vehicle time to time on several occasions and as such he is entitled for compensation for his physical and mental harassment and financial loss and he is also entitled for the repair of the vehicle which is kept in the idle condition," the Forum said.

The Forum, comprising President U C Tiwari and Members M Saxena and T Vijayan, passed the order on a petition of Hitendra K Nahata seeking a compensation of Rs one lakh from the company for delivering a defective Skoda Fabia.

Earlier, the buyer contended that there was continued noise and vibration in the engine of the vehicle since the date of the purchase which could not

be rectified despite several attempts by the company.

He argued that since there was a manufacturing defect in the vehicle, it should be replaced or its full price should be refunded.

But the company strongly refuted the claim of buyer, saying the car purchased had a diesel engine and noise emanating from it is similar to other similarly situated diesel engines.

The company said that the buyer moved the consumer forum with a mala fide intention to extract money from it.

The Forum said that the complainant failed to prove that there was manufacturing defect in the vehicle but granted compensation to him for harassment undergone in getting the new car repaired several times.