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Expecting a hassle-free repair, she was shocked when the dealer diagnosed the problem, repaired the engine and handed her a bill of Rs 6,804
The Commission noted that the scooter was well within the warranty period at the time of repair. (Representative Image)
The Ghaziabad District Consumer Disputes Redressal Commission has pulled up an automobile dealer in Sahibabad for charging a customer repair costs despite the scooter being under warranty. The panel has directed the showroom to refund the amount along with compensation.
Priya Jain, a resident of Rajnagar Extension, had purchased a TVS Jupiter from Mr Dhamija Enterprises. The scooter carried a warranty of five years or 50,000 km, whichever was earlier. Jain told the Commission, “My scooter had run only 15,000 km and was under warranty period when it developed an engine problem.”
Expecting a hassle-free repair, she was shocked when the dealer diagnosed the problem, repaired the engine and handed her a bill of Rs 6,804. Despite her protests and clear warranty terms, the dealer refused to cover the repair under warranty.
Feeling cheated, Jain approached the Consumer Commission on September 7 last year and sought a refund. She argued that the dealer’s refusal to honour the warranty amounted to breach of contract and violation of consumer rights.
The Commission, headed by Chairman Praveen Kumar Jain and Member RP Singh, sent a notice to the showroom by speed post. However, no response came from Dhamija Enterprises, nor did any representative appear during the proceedings. The case was therefore decided ex parte.
After reviewing the evidence, the Commission noted that the scooter was well within the warranty period at the time of repair. In its order dated August 20, the panel said that charging a customer for warranty-covered repairs amounted to “deficiency in service” under the Consumer Protection Act.
The Commission directed the dealer to refund Rs 6,804 taken for the repair. It also awarded Rs 5,000 to Jain for litigation expenses and mental agony. The total of Rs 11,804 must be paid within 45 days of the order.
In case of default, the Commission ruled that interest at the rate of 6% per annum will apply until full payment is made.
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