1 day ago
Kerala Commission Awards Buyer Rs 75,000 Over Mileage Dispute
A person bought a car after being told it would travel 18.5 kilometres on one litre of petrol.
The car gave much less mileage.
The dealer tested it and found it gave about 8 to 10 kilometres per litre.
An expert report later found mileage of 13.2 kilometres per litre.
The dealer said mileage can change because of roads, fuel, tyres, weather and driving habits.
The commission decided that the promised mileage had not been delivered.
It did not find proof that the car had a manufacturing defect.
Instead of ordering a replacement or a full refund, it awarded the buyer Rs 75,000 for the service failure and losses.
A Kerala consumer commission awarded a car buyer Rs 75,000 after the vehicle failed to deliver its promised 18.5 km per litre mileage.
The buyer purchased the car on January 23, 2015, and later reported mileage as low as about 5 km per litre.
The dealer admitted testing showed mileage of 8 to 10 km per litre but blamed road conditions, fuel quality, driving habits and other factors.
An expert report found the vehicle delivered 13.2 km per litre, while the dealer said similar vehicles could provide 15 to 18 km per litre on highways.
The commission found deficiency in service but no proven manufacturing defect, replacing the earlier order for a vehicle replacement or Rs 7.27 lakh refund with Rs 75,000 compensation.
- Who
- A car buyer, the automobile company and its dealer, and the Kerala State Consumer Disputes Redressal Commission.
- What
- The commission ordered Rs 75,000 compensation because the car did not deliver the assured mileage, while finding no proven manufacturing defect.
- Where
- Kerala, before the Kerala State Consumer Disputes Redressal Commission.
- When
- The car was purchased on January 23, 2015; the commission issued its decision on September 11.
- Why
- The vehicle delivered substantially lower mileage than the 18.5 km per litre allegedly promised, despite efforts to address the problem.
Buyer’s Position
Automobile Company’s Position
Mileage assurance
Buyer’s Position
The buyer said the dealer assured him that the car would provide an average of 18.5 km per litre, but it delivered only about 5 km per litre.
Automobile Company’s Position
The dealer acknowledged mileage of 8 to 10 km per litre in testing and said mileage depends on fuel, roads, driving habits, maintenance and other conditions.
Manufacturing defect
Buyer’s Position
The buyer alleged that the poor mileage indicated a manufacturing defect.
Automobile Company’s Position
The company denied any manufacturing defect and said an Automotive Research Association of India test and later repairs had addressed the mileage issue.
Appropriate remedy
Buyer’s Position
The buyer sought relief after the vehicle failed to reach the promised mileage despite attempts to fix the problem.
Automobile Company’s Position
The company opposed replacing the car or refunding its full price; the commission ultimately awarded compensation instead because the vehicle remained with the buyer and no manufacturing defect was proven.
Key facts
- Promised mileage
- 18.5 km per litre
- Reported mileage
- The buyer alleged about 5 km per litre; dealer testing found 8 to 10 km per litre.
- Expert finding
- An expert report found mileage of 13.2 km per litre.
- Compensation awarded
- Rs 75,000
- Original district forum relief
- Replacement of the car or a refund of Rs 7.27 lakh
- Purchase date
- January 23, 2015
- Commission finding
- Deficiency in service was established, but a manufacturing defect was not proved.
Quotes
Kerala State Consumer Disputes Redressal Commission
The state consumer commission hearing the automobile company’s appeal
“There can be no doubt that there was deficiency in service on the part of both the opposite parties”
indianexpress.com
Sources
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