LI Network
Published on: December 02, 2023 at 17:10 IST
The Consumer Disputes Redressal Commission in Ernakulam, Skoda Auto India secured a win as the Commission dismissed a consumer complaint lodged by Beenabi Haris.
The case, initiated back in 2018, revolved around claims of negligence, deficient service, and damages to a Skoda Superb car purchased by the complainant.
Represented by counsel Anil Thomas from ESPEE and Associates, the complainant alleged that issues emerged with the vehicle post a service in July 2012, resulting in subsequent damages, notably a gearbox problem.
Seeking compensation totaling Rs. 8,05,143 from both Skoda Auto India and Marikar Engineers Pvt. Ltd., the authorized sales and service agent, the complainant pursued legal action.
The final order from the Commission, chaired by D.B Binu (President), Ramachandran V (Member), and Sreevidhia T.N (Member), was issued on November 23, 2023.
President D.B. Binu, in the detailed judgment, mentioned, “The complainant invoked Section 12(1) of the Consumer Protection Act, 1986, alleging deficient service and unfair trade practices by the 1st and 2nd opposite parties.”
The primary contentions of the complainant centered around purported negligence during vehicle servicing, leading to damages and subsequent high repair expenses. However, the Commission found the complaint lacking substantial evidence.
President D.B. Binu underscored, “The complainant failed to provide expert testimony or evidence establishing a manufacturing defect. Consequently, the complaint lacked essential proof to substantiate a manufacturing defect.”
The ruling also highlighted the expiration of the warranty period and insufficient evidence validating damages while the vehicle was under the service center’s care.
