Persistent defects in a vehicle during the warranty period - Compensation enhanced for repeated visits to workshops.

Jammu and Kashmir High Court Enhances Compensation for Defective Vehicle Case. Maruti Suzuki India Ltd. held accountable for persistent vehicle defects, ordered to pay increased compensation for consumer's harassment and mental agony.

In a significant judgment passed by the Jammu and Kashmir High Court, the bench comprising Justices Sanjeev Kumar and Sanjay Parihar has directed Maruti Suzuki India Ltd. and associated dealers to pay enhanced compensation to Arun Tandon, a petitioner who faced persistent vehicle defects during the warranty period. The court increased the compensation amount to Rs. 1,65,000/- for the harassment and mental agony suffered by the petitioner due to repeated visits to workshops.

The petitioner, Arun Tandon, purchased a Maruti Swift VDI from Maruti Suzuki India Ltd. in August 2014, which soon developed defects within the warranty period. Despite multiple attempts by the respondents to rectify the issues, the vehicle continued to malfunction, prompting the petitioner to lodge a complaint with the District Forum Jammu in August 2016.

Initially, the District Forum directed the replacement of the vehicle and awarded Rs. 10,000/- as compensation along with litigation expenses. Dissatisfied with this order, the respondents appealed to the Jammu and Kashmir State Consumer Disputes Redressal Commission, which modified the compensation to Rs. 65,000/- payable with interest.

Upon further appeal, the High Court examined the facts and circumstances of the case and determined that the compensation awarded by the Commission was insufficient. The court acknowledged the efforts made by the respondents to address the defects but emphasized the undue stress and inconvenience caused to the petitioner due to eighteen visits to workshops within two years.

Recognizing the deficiency in service and the mental distress endured by the petitioner, the High Court ordered Maruti Suzuki India Ltd. to pay Rs. 1,00,000/-, Peaks Auto Private Limited Rs. 32,500/-, and Jammu Motors Private Limited Rs. 32,500/-. The total compensation of Rs. 1,65,000/- is to be paid within one month, failing which interest at 6% per annum will apply until the amount is settled.

This ruling underscores the accountability of manufacturers and service providers in addressing consumer grievances effectively and ensuring justice for consumers facing repeated service deficiencies.

Bottom Line:

Deficiency in service - Persistent defects in a vehicle during the warranty period - Compensation enhanced for harassment and mental agony caused to the petitioner due to repeated visits to workshops.

Statutory provision(s): Consumer Protection Act

Arun Tandon v. Maruti Suzuki India Ltd., (Jammu And Kashmir)(DB) : Law Finder Doc Id # 2781896