Hoping for Defective Car’s Replacement; Think Again

If you are suffering from several niggling problems with your car and hoping to get a replacement, bolstered by certain District Consumer Forum judgments, forget it. In my case a Swift LXi purchased from Krish Automotors had a repeatedly failing A.C., horn, creaking door-handles, creaking from font suspension etc. etc. But after reading this recent judgment from National Commission (the highest court of appeal under Consumer Protection Act, second only to the Supreme Court), my hopes have been shattered.

The case was Sushila Automobiles Pvt. Ltd. vs. Birendra Narain Prasad & Ors. Revision Petition No.1652 of 2006 decided on 0n 07.05.2010.

The following main points emerge from the jugment:

1. To establish the claim for the total replacement by a new vehicle, the complainant has to prove by cogent, credible and adequate evidence supported by the opinion of an expert automobile/mechanical engineer that the vehicle suffered from inherent manufacturing defect.

2. Where defects in various parts of a car are established, direction for replacement of the car would not be justified.  Replacement of the entire item or replacement of defective parts only called for.

Download the defective car replacement judgment of National Commission, as retrieved from http://delhistatecommission.nic.in on 31.05.2010.

Thank you National Commission! We spend Lakhs of hard-earned money to buy a new car, only to make several visits to the workshop and get the supposedly ‘new’ defective parts replaced. Bingo! Our new defective car is as good as really new. I wonder how many of our Hon’ble judges of the higher judiciary have had to visit a showroom to buy a car or to ever visit a workshop to get it serviced. Everything looks rosy up there from the exalted towers.

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