Car owner gets 32.5L refund over 12-year service delay
The decision came after his car remained unrepaired for more than 12 years following submersion in seawater.
Paresh Panjabi, a Surat resident, bought the car for Rs 38 lakh in Nov 2012. The vehicle got stuck in mud during a family trip to Suvali Beach in Jan 2013 and later submerged in seawater due to delayed assistance from the car maker's service provider. Despite repeated calls for help, the service response was inadequate and came too late to prevent the car from submerging.
The vehicle was eventually recovered with assistance from local residents but has since remained at the service centre without repairs.
The service centre estimated the repair cost at Rs 55 lakh, and the insurer repudiated his claim, saying the car was stuck because of his negligence. Panjabi approached the consumer commission against the local car dealer, service provider and the insurer, alleging a defective product, misrepresentation about the car's off-road capabilities, and failure to provide adequate post-sale service.
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He claimed that the luxury car brand used to advertise this model as tough and efficient for off-roading activities.
Following prolonged hearings, the commission ruled that there was no question of a manufacturing defect in the vehicle and upheld the insurance company's position.
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The commission criticized the service agency, stating, "The service agency has made tall claims about its services to customers. But when it was needed, they could not help the complainant pull out the car from the mud, and they tried to disown liability because the complainant drove the car on a muddy beach contrary to statutory warning."
It slammed the service agency for inflating the repair costs to profit from the complainant's loss, calling it unethical and profit-driven. It said that the loss could have been minimized with timely action, but Respondent No 2 (service agency) "is guilty of deficiency in service".
The commission further said that since the car is lying with the service centre for repairs and "by this time it must have been converted into debris". It directed the dealer and the service centre to retain the car and pay the bill amount of Rs 32.50 lakh to Panjabi as compensation for deficiency in service.
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