Date:09/01/2009 URL: http://www.thehindu.com/2009/01/09/stories/2009010958941100.htm

Kerala - Kochi

Firm asked to refund price of defective car

K.C. Gopakumar

Car sold without revealing that it was involved in accidents

The Maruti Zen car started developing serious problems soon after purchase
Deficiency in service and adoption of unfair trade practice found

Kochi: The Ernakulam Consumer Disputes Redressal Forum has directed the Indus Motor Company, Aluva, to refund a person the price of a defective second-hand Maruti car he bought from the firm.

The forum headed by its president A. Rajesh passed the order on a complaint filed by G. Suresh of Ambalamugal.

Assurance violated

According to the complainant, he bought the Maruti Zen car from the dealer believing the assurance given through an advertisement that the second-hand cars sold by it were not involved in any accident and that they were true value cars.

He had paid Rs.1.4 lakh for the car.

Immediately after the purchase, the car had started developing serious problems. The car was involved in a major accident and the fact was concealed by the opposite party while it was sold to the complainant. The insurance details of the car had showed that the vehicle was involved in many accidents prior to the sale.

Previous owner

The previous owner was none other than the General Manger of the firm.

The complainant had to spend Rs.25,000 to fix the problems.

The opposite party contended that the complainant had purchased the car after checking and proper inspection.

Even if the vehicle was involved in any accident prior to the purchase, it could not be raised subsequently.

Insurance details

The Forum observed that the insurance details of the vehicle showed that it met with so many accidents. The opposite party was aware of the history of accidents and had suppressed the vital fact at the time of sale of vehicle. The opposite party ought to have revealed the previous history of the vehicle to the complainant.

The plain reading of the advertisement would reveal that the opposite party had offered true value cars not involved in any accident.

The Forum found that there was deficiency in service and adoption of unfair trade practice by the opposite party. Therefore, it was just and fair to direct the opposite party to reimburse the price of the car with an interest rate of 6 per cent per annum from the date of complaint till the realisation, the Forum ordered.