Retd prof sues firm for faulty car, wins ₹12 lakh refund

Retd prof sues firm for faulty car, wins ₹12 lakh refund 

TIMES NEWS NETWORK 25.11.2024

Bengaluru : An automaker and its dealer in Yelahanka have been told to refund a retired professor more than Rs 12 lakh he had paid to purchase a car which was found to have a manufacturing defect. The 3rd Additional Bengaluru Urban District Consumer Disputes Redressal Commission also ordered them to pay the buyer a further Rs 50,000 for causing him mental agony and Rs 10,000 in litigation costs.

 Prof N Ravikantha purchased a Kia Sonet HTX 1.5 D car from Epitome Automo biles in Nov 2020. However, in Aug 2021, the Attur Layout resident noticed a problem in the car and it was found that the engine oil was contaminated due to a manufacturing defect. Though the issue was fixed immediately at the Epitome service centre, the engine oil contamination kept recurring. As the dealer failed to rectify the defects, the retired political science professor filed a complaint against Kia Motors India and Epitome at the consumer court. 

The automaker and the dealer argued that the defect stemmed from improper vehicle use, including failure to follow driving guidelines. They maintained that the car was found roadworthy after routine inspections and replacements, including the catalytic converter. The court concluded that the vehicle had a manufacturing defect that the manufacturer and dealer had failed to address adequately. The court also rejected their claims that the defect stemmed from the vehicle use, noting that the user manual did not clearly outline the driving conditions required to prevent the defect from surfacing. Email correspondence between the parties revealed issues with the vehicle that the dealer failed to resolve adequately. 

In its order passed on Sept 10, 2024, the commission emphasised that engine oil contamination is a critical defect affecting the vehicle’s functionality and safety. Given that the car remained under warranty and was largely unusable, the court determined that a full refund was appropriate. The commission ordered the automaker and dealer must jointly and severally refund Ravikantha Rs 12.36 lakh with an interest rate of 9% per annum with effect from Nov 24, 2021, and pay him another Rs 50,000 for causing him men tal agony, and Rs 10,000 in litigation costs. The commission has given 45 days to the automaker and the dealer to comply with the order. “I have not received the money till now. Upon consulting the service manager, they shifted responsibility to KIA, citing that the order was meant to comply with jointly and severally.

I plan to initiate crime execution proceedings next week in this matter. The company’s behaviour demonstrates its disregard for customer satisfaction. This issue has affected my health as well,” Ravikantha told TOI.