Car dealer directed to undertake repairs free of cost

What would a man do when his new car develops snags and strange sounds emanate from the engine? P Krishna Reddy of Vijayawada found himself in such a peculiar situation. The car dealer, instead of repairing the car, blamed the car owner for the defect in the engine holding him responsible for the problem.

Krishna Reddy purchased on January 3, 2011, Skoda Fabia car for Rs 5.47 lakh from Mahavir Auto Diagnostics Private Limited with a two-year warranty coupled with extended warranty. He noticed unusual sound emanating from the vehicle while driving and brought the matter to the notice of the car dealer Mahavir Auto Diagnostics. Except the sound, the car condition was reasonably good. Krishna Reddy was told to collect the car at 4 pm after the company mechanic had test-driven the car. Later, Krishna Reddy went to collect the car but it was not delivered even after visiting the workshop for three times. Finally, he was told that the car engine was damaged due to the mix of kerosene with diesel and the repair work would cost Rs 2 lakh. However, Krishna Reddy told the company that the engine was damaged due to negligence of the company.

After the company failed to repair the engine, Krishna Reddy lodged a consumer complaint in the Vijayawada District Consumer Forum through Consumers Guidance Society represented by its secretary Dr C Divakar Babu.

After hearing arguments by both the counsels and going through the various affidavits produced by both the parties, the District Consumer Forum stated that there was no evidence to suggest that kerosene would damage the engine even if it was presumed that diesel was mixed with kerosene. The diesel was purchased from a renowned petrol dealer who has impeccable record of serving quality products to his clients.

The District Consumer Forum came to the conclusion that kerosene would not erode the engine parts and damage the engine. So it was assumed that external factors were responsible for the damage caused to the engine. Since it falls within the period of warranty, the Mahavir Auto Diagnostics was liable for undertaking repairs to the engine and return the vehicle in good condition. The car dealer was also asked to pay a compensation of Rs 30,000 for keeping the vehicle with him for more than six months without repairing the same. The forum also asked the car dealer to pay costs of Rs 3,000 to the car owner.

By: MV Syam Sundar