NCDRC upholds ₹3 lakh penalty on T&T Motors for delay in repairing Mercedes Benz car

The National Consumer Disputes Redressal Commission (NCDRC) recently upheld a ₹3 lakh penalty imposed on T&T Motors for a four-month delay in repairing a Mercedes Benz car [M/S T and T Motors Pvt. Ltd. V. M/S CJ DARCL Logistics Pvt. Ltd. and 2 Ors]..The Delhi State Consumer Disputes Redressal Commission (SCDRC) had ordered T&T to pay this penalty in 2021, of which ₹2.5 lakhs was compensation and ₹50,000 was litigation costs. This order was upheld by the NCDRC on July 2, after presiding member Dr. Inder Jit Singh found no illegality or material irregularity in the SCDRC's decision."The State Commission has given a well-reasoned order. The car in question was high-end car costing more than Rs.27.00 lacs. Delay of 4 months in repairing the car is not justified, especially when the car in question was under the warranty. This has caused great inconvenience, mental agony and harassment to the Complainant. In the given facts and circumstances, the award of compensation of Rs.2,50,000/- and litigation cost of Rs.50,000/- by the State Commission is justified," the NCDRC said..By way of background, the complainant (car owner) had purchased a Mercedes Benz C 220 car from T&T Motors in November 2012 for ₹27 lakhs. On July 2, 2013, the car broke down amid rains in Delhi and was sent to T&T Motors for repairs. However, there were delays in delivering the car after repairs, which prompted the car owner to approach the Delhi SCDRC for relief. The owner also complained of excessive repair charges. In May 2021, the Delhi SCDRC ordered T&T Motors to pay ₹2.5 lakhs as compensation for inconvenience, mental agony and harassment faced by the complainant, in addition to paying ₹50,000 as litigation costs.T&T Motors challenged this order before the NCDRC.It argued that delays in repairs were attributable to delays by the complainant and the car's insurer in giving approval for necessary repairs or delays in securing parts that had to be replaced in the car. Among other arguments, it also contended that the repairs needed were not covered by warranty, nor were there any manufacturing defects. Rather, T&T asserted that the damages incurred by the vehicle were due to the entry of water and because the vehicle was driven contrary to the "driving tips" advised in an owner's manual for the use of the vehicle during rainy weather or in waterlogged conditions. The liability for any compensation should fall on the vehicle manufacturer, Mercedes Benz India, T&T added. Mercedes Benz India (a respondent), meanwhile, countered that it had no role to play in the inconvenience caused to the complainant..By an order passed on May 5, 2021, the SCDRC observed that nothing was on record to prove T&T's claim that the car broke down due to the owner's negligence. Such bald statements would not justify the four-month delay in repairing the case, the State Commission had added while ordering T&T to compensate the owner.The SCDRC also noted that the vehicle was under warranty when it was sent for repair and that some major defect was there in the car which took four months to resolve. It proceeded to hold T&T liable for the consequent inconvenience suffered by the car owner.The SCDRC's findings have now been upheld by the NCDRC..Advocates Chandan Malik and Rakesh Ahlawat appeared for T&T Motors. Advocate Manu Beri represented the complainant. Advocate Vishal Bhardwaj represented Mercedes Benz India..[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.