Kerala vehicle dealer fined for selling defective car with hidden history
Earlier, the Pathanamthitta District Commission had issued an order in favour of the customer and the state commission's order came on an appeal petition filed by the Tata Motors.
The customer, Abhilash hailing from Pathanamthitta, bought the car on 09.05.2011 from a dealer having branches at Vadavathoor in Kottayam and Santhosh Junction in Pathanamthitta. The dealer had informed him that the car was a brand new one manufactured in March 2011. The complainant paid Rs 11.76 lakh for the purchase.
According to the customer, the vehicle had several defects, mechanical and electrical, and had to be repaired frequently. While trying for an exchange, the customer learnt that the vehicle was manufactured in July 2010. Later, he found that the vehicle's chassis number stood in the name of the managing director as on 28.09.2010 and thereafter in the name of a person named Molly Salas as on 30.10.2010.
The customer preferred a complaint with the district commission after four years of purchase and by time the vehicle covered 24,155 km. The opposite parties were the manufacturer and the two branches of the dealer. The dealer attributed certain technical problems in the delay in rectifying records.
At the SCDRC, the case was considered by a bench comprising its president Justice B Sudheendra Kumar, judicial member D Ajith Kumar and member K R Radhakrishnan. The customer was represented by advocates Sreevaraham N G Mahesh and Sheeba Sadasivan. The commission found unfair trade practice on the part of the three opposite parties. It upheld the district commission's order directing them to pay Rs 3 lakh for the mental agony and Rs 10,000 as compensation and costs.
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