Consumer panel orders dealer to refund Rs 3.34 lakh after cars gearbox falls off

THIRUVANANTHAPURAM: The State Consumer Disputes Redressal Commission (SCDRC) has directed a vehicle dealer to refund Rs 3.34 lakh to a customer, a retired SI, after the gearbox of the car he bought fell off while driving. The recent order was issued on the appeal petition filed by the dealer against a favourable order secured by the customer from the Kasaragod CDRC. The complainant said he purchased the Hyundai car in March 2013. The vehicle met with an accident in September 2014 and the dealer repaired it for Rs 72,838. He alleged on April 14, 2015, while he was driving the car with his family, the gear system disengaged from the engine and the gearbox fell off. He alleged that the vehicle had a manufacturing defect besides being improperly serviced. However, the dealer said the vehicle did not have a manufacturing defect as alleged and was last serviced on January 20, 2015. He blamed mishandling, negligent use and driving for the accident. The two-year warranty period had expired and the complainant refused to pay Rs 30,000 for repair, he said in the plea. The Kasaragod commission had directed the vehicle manufacturer and dealer to refund the purchase price of Rs 3,34,000, and pay an additional Rs 25,000 as compensation and Rs 5,000 as other costs. Hearing the appeal petition, the SCDRC bench of president Justice B Sudheendra Kumar, judicial member D Ajith Kumar and member K R Radhakrishnan observed that the dealer failed to state how mishandling or rough use of the vehicle resulted in the accident. It said the dealer could not notice any sign of external impact on the vehicle to infer mishandling led to the accident, and that the dealer, also the service provider, serviced the vehicle regularly till January 20, 2015 and was hence answerable for the unusual accident in April. The SCDRC said the dealer did not offer free repair which, he was ought to do. Since he ruled out a manufacturing defect, the vehicle manufacturer could not be held liable.