Recently in Chandigarh, a motor company by name Joshi AutoZones was imposed a fine of Rs. 60,000 for motivating a customer to buy afaulty ‘Tata Indigo’ for Rs. 4, 80,573 by listing frivolous benefits of thatparticular model. The complainant wasable to set out before the consumer courts that the car he purchased startedgiving problems from the very first month of its purchase. There were problems of excessive enginenoise, non-functioning of a/c, clutch problems etc. The complainant in this case was compensatedeven though the legal counsel for the Tata Motors argued that the problems werenot due to manufacturing defect but because of the excessive use of vehicle forcommercial purpose. The court in this case also directed the companyto rectify the problems in the car and replace the defective parts.
Earlier this year Ford India had been ordered by the DelhiState Commission to pay a customer compensation of Rs. 75,000 for selling adefective car. The bench said “it was the manufacturer’s duty to provide adefect-free vehicle to the buyer”. In Goatoo there have been several cases filed before the consumer courts wherepurchasers of brand new vehicles have claimed either a manufacturing defect inthe car or deficiency in service during the time of servicing or repairing ofcars. In case you have had an experienceof deficiency in service or been given a vehicle with major manufacturingdefects you may contact the North Goa District Forum which is at Porvorim nearthe housing board or the South Goa District Forum which is opposite theDistrict Court at Margao. If your claimis above Rs. 20 lakh then you may approach the State Commission which issituated on the fourth floor at Junta House, Panjim.
The writer is a social scientist and lawyer who has been asenior member for 10 years at the Consumer Court in Goa
