Car dealer ordered to pay Rs 2 lakh as compensation for shoddy repair

A city-based car dealer has been directed to pay Rs 2-lakh compensation for failing to properly repair a leak in the steering box of a second-hand car it had sold.

CHENNAI:A city-based car dealer has been directed to pay Rs 2-lakh compensation for failing to properly repair a leak in the steering box of a second-hand car it had sold.The Tamil Nadu Consumer Disputes Redressal Forum awarded the compensation to Dorai Kannan of Aynavaram, whom the car dealer Kun Hyundai had charged Rs 1.5 lakh for the repair work alone.

The issue started in September, 2013 when Kannan purchased a second-hand Elantra from Kun Hyundai’s Ambattur industrial estate showroom. In a few days, he noticed the oil leak and left the car at the showroom for repair. Despite being charged  Rs 1.5 lakh for the repair work, Kannan again found the oil leaking.

He returned the car to the dealer and filed a complaint with the consumer forum in 2015 that the company had the possession of his car till he filed this complaint and even after serving legal notice twice, they had neither replied nor delivered the vehicle after servicing.In its defence, the dealer submitted that they had carried out the repair works and there was no such leak as claimed by Kannan.

“There is no such leak in the steering box. This is a false statement made by the customer. Though the car was repaired, the complainant had been delaying taking delivery,” said the dealer.However, an advocate commissioner, appointed by the forum, found that the car was allowed to gather dust for nearly five years by the company. During his inspection, he found no oil leak in the steering box, but several other defects.
In its order in June, the forum observed that car had been lying exposed to rain and shine since 2013 till date, for nearly a period of five years.

Dismissing the company’s appeal, the commission comprising  president Justice K Baskaran and judicial member SM Murugeshan ordered the company to pay Rs 2 lakh as compensation to the customer and also to carry out all repair works within four weeks.“If the compensation amount is not paid by the opposite party, it will carry an interest rate of nine per cent per annum till the date of realisation,” commissioner said in its order.

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