05 June 2024 Consumer Law >> Civil & Consumer Law   |   Consumer Protection Act >> Consumer Rights  

A car buyer in India has successfully secured a replacement vehicle and compensation after a lengthy legal battle with the dealer. The case involved a car riddled with problems, highlighting the rights of consumers under the Consumer Protection Act.

The consumer, unnamed in the court documents, purchased a "Force One EX" car in 2015. Soon after the purchase, they encountered a series of issues, including malfunctioning engine, door locks, and brakes. The car also suffered from electrical problems and recurring leaks.

Feeling inconvenienced and financially burdened by the constant repairs, the consumer filed a complaint against the car dealer (OP) with the District Forum. The complaint cited the Consumer Protection Act 1986, which safeguards consumer rights and offers a mechanism for seeking redressal in cases of defective goods or services.

The District Forum ruled in favor of the consumer, directing the dealer to replace the car and award a compensation of ?50,000. The dealer contested this decision, arguing that the complaint lacked proper jurisdiction and failed to establish the car's defects originated from the manufacturing process. They further claimed their role was simply that of a seller; liability for manufacturing defects should fall on the car's maker, Force Motors.

The dealer appealed to the State Commission. However, the appeal was dismissed due to being filed beyond the permissible time limit. The dealer then filed a revision petition before a higher court.

The higher court upheld the State Commission's decision. They found the dealer's arguments regarding the delay reasonable and declined to intervene with the lower court's discretion on the matter.

  Consumer Protection Act, 1986