J&K High Court directs Maruti Suzuki and dealer to pay ₹1.65 lakh compensation for defective car

The Jammu & Kashmir and Ladakh High Court recently ordered Maruti Suzuki India Limited and its dealers to pay a compensation of ₹1.65 lakh to a car buyer for selling him a defective vehicle and subjecting him to repeated harassment during the warranty period [Arun Tandon vs Maruti Suzuki India Ltd.].A Division Bench of Justice Sanjeev Kumar and Justice Sanjay Parihar passed the judgment in an appeal filed by one Arun Tandon, a 47-year-old resident of Jammu's Bakshi Nagar."We are of the view that justice would be meted out to the petitioner if we direct the Maruti Suzuki India Limited to pay lumpsum compensation of ₹1,00,000, respondent No. 3-Peaks Auto Private Limited to pay ₹32,500, and respondent No. 2-Jammu Motors Private Limited to pay ₹32,500. The petitioner will thus be entitled to total compensation of ₹1,65,000, to be paid by the respondents in the manner indicated hereinabove within a period of one month, failing which, the amount shall become payable with interest at the rate of 6% per annum, to be reckoned after the expiry of one month from today till the amount is actually paid to the petitioner," the Court ordered. .Tandon had purchased a Maruti Swift Diesel car on August 8, 2014 from M/s Peaks Auto Pvt. Ltd., with a two-year/40,000 km warranty.Soon after purchase, the car developed technical defects including issues with the horn and battery.Despite being serviced eighteen times within two years, the problem persisted. Alleging deficiency of service, Tandon approached the District Consumer Forum in Jammu in August 2016..The District Forum ordered either replacement of the defective car or refund of its price along with ₹10,000 as compensation and ₹5,000 as litigation costs.Aggrieved and dissatisfied by the order of District Forum, Maruti Suzuki, through its dealer, appealed before the J&K State Consumer Disputes Redressal Commission, which noted the buyer's repeated workshop visits and held the company guilty of deficiency of service. However, it modified the relief to a lump sum compensation of ₹65,000 with 6% interest from March 2024.Tandon then moved the High Court..The High Court found the Commission's award inadequate and on the lower side and enhanced it to ₹1.65 lakh."Since the petitioner has continued with the vehicle and never ever insisted for its replacement within the period of warranty, it would, therefore, be not appropriate to direct the replacement of vehicle at this stage, as has been directed by the District Forum. However, we are of the considered opinion that having regard to the facts and circumstances of the case and the harassment and mental agony suffered by the petitioner, the award of ₹65,000 as lumpsum compensation is inadequate and on a lower side,” the bench observed..Advocate Aman Bhagotra appeared for the petitioner.Senior Advocate Raman Sharma with advocates Saliqa Sheikh, KDS Kotwal and Arun Thakur appeared for the respondents.[Read Judgment]