When S G Ramesh Kumar of Chinmaya Nagar, Chennai purchased his brand new Volkswagen Polo from Abra Motors on April 19, 2012, little did he realize the trouble the vehicle would give him. Within 8 months of purchase (on 07.12.2012), Kumar noted oil leakage in the display board of the car.
He informed the dealership of this problem and was told by the dealership that the oil sump was leaking. However, while on January 10, 2013 he was told that the insurance was denied. The service center informed Kumar that the car model had been modified and he would hence have to bear 50% of the cost of repairs which would amount to INR 2 lakhs.
It was then that Kumar issued a legal notice to Abra Motors directing them to replace the engine along with the oil sump. Receiving no response, Kumar then sued Volkswagen India Pvt Ltd, Pune, Volkswagen Group Sales India Pvt Ltd, Mumbai and Abra Motors, Chennai but receiving no response decided to approach the District Consumer Disputes Redressal Forum. Abra Motors argued that Kumar’s vehicle had hit a boulder which caused damage to the oil sump while he also drove the vehicle without sufficient oil accentuating the problems even further.
District Consumer Disputes Redressal Forum found no proof that the car had suffered accidental damage. It has hence directed Volkswagen India and its dealership to pay a fine of INR 55,000 for mental agony to customer for selling him a defective vehicle and turning the blame on the customer for both rash driving and accidental damage. The court has also directed VW India to provide for a new engine and oil sump.
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