Chandigarh Consumer Commission Rejects Appeal For Higher Compensation In Ford Endeavour Repair Case

Brief Facts

M/s Green Force Engineers Pvt. Ltd. (Complainant) purchased a Ford Endeavour in 2017. After the vehicle had run over 1,60,000 km, it was first taken to M/s Bhagat Cars (Opposite Party) on 16.11.2021 for transmission-related issues.

The Opposite Party replaced the transmission mechanism for Rs.1,30,000/- and carried out additional work for Rs.47,460/-. Soon after delivery, the vehicle began showing persistent problems—warning lights, jerking, poor pickup, and overheating. Despite repeated visits, the defects remained unresolved.

In 2023, the OP charged the complainant ₹4,10,623 for gearbox replacement, but the same problems continued. The complainant eventually got the vehicle repaired by another authorised service centre for ₹1,68,500, after which no further issues occurred.

Aggrieved by the OP's repeated failure to repair the vehicle despite substantial payments and multiple written communications, the Complainant approached the Chandigarh District Consumer Disputes Redressal Commission seeking refund and compensation. The OP was proceeded against ex parte before the District Commission, which partly allowed the complaint and awarded ₹2,50,000 as compensation and ₹10,000 as litigation costs.

Dissatisfied with the limited relief, the Complainant filed an appeal before the State Consumer Commission. In appeal, both parties appeared through counsel and contested the matter.

Observation of the Commission

The State Consumer Disputes Redressal Commission observed that although the vehicle was repeatedly sent to the Opposite Party for transmission-related issues and the complainant had paid a total of ₹5,40,623, the core defects—such as jerking, poor pickup, and overall unsatisfactory performance—persisted, indicating inadequacy in the service provided. The Commission also noted that despite several written complaints, the issues remained unresolved.

It further observed that the vehicle was a 2017 model and had already run over 1,60,000 km, where certain wear-and-tear-related problems were naturally expected. However, the continued presence of the same defects even after multiple major repairs and substantial payments clearly established deficiency in service on the part of the Opposite Party.

The Commission upheld the District Commission's award of ₹2,50,000 as compensation and ₹10,000 as litigation costs, terming the amounts just and proportionate to the inconvenience and financial loss suffered. It also reiterated that a full refund of repair charges could not be granted in the absence of expert evidence proving that no genuine repair work had been undertaken.

Consequently, the appeal was dismissed, and the Respondent was directed to comply with the District Commission's order. In case of default, the compensation amount shall carry simple interest at 12% from the date of default until realisation.

Case Title : M/S GREEN FORCE ENGINEERS PVT. LTD. vs M/S BHAGAT CARS PVT. LTD SC/4/FA/154/2025

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