Breakdown Of Vehicle Alone Does Not Prove Service Deficiency: Delhi State Commission Dismisses Appeal Against Himgiri Cars Ltd

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal and Ms. Pinki dismissed an appeal against M/S Himgiri Cars and held that breakdown of the vehicle alone does not prove service deficiency and the same has to be substantiated by evidence. Brief Facts of the Case The complainant took his car to Himgiri Cars/dealer for routine service, paying for various repairs, including flushing and refilling gear oil. After the service, the car's performance remained unsatisfactory, and the complainant requested the dealer to recheck the vehicle. However, the dealer refused to inspect the car again, and even basic cleaning, which was charged for, was not done. The dealer's Service Manager later issued letters apologizing for the poor service and cleaning. Soon after, the car broke down on the road. When taken to another service center, it was found that the gear oil had not been refilled, causing the gearbox to seize. The complainant alleged negligence by the dealer, claiming they charged for services that were not performed, resulting in significant repair and transportation costs. The complainant filed a complaint before the District Commission, which dismissed the complaint. Aggrieved by the District Commission's order, the complaint appealed before the State Commission of Delhi. Contentions of the Dealer The dealer argued that the car was serviced by their technical staff, who drained the old engine oil and refilled it with new oil. It was argued that the complainant was satisfied with the service, and there was no evidence of unfair trade practices or service deficiencies by the dealer. Observations by the State Commission The State Commission noted the deficiencies, if any, in providing service to the complainant by the dealer. Examining, no direct evidence surfaced from such claims of lacuna of services on behalf of the complainant. According to the complaint, it is alleged that old engine oil was not discharged and refilled with a fresh amount. However, it was highlighted that the car covered more than 1,700 kilometers at its wheels without any symptoms and gave away due to poor maintenance at such a stage. The argument that the silence of the dealer on the allegation implied guilt was dismissed. The Commission pointed out that the breakdown of the vehicle is not enough to prove a service deficiency. No issues were raised during or immediately after servicing and the complainant admitted that the oil change service was paid for. Thus, the absence of immediate issues post-servicing negates the claim further. The Commission upheld the findings of the District Commission and dismissed the appeal with no order as to costs. Case Title: R.N. Azad Vs M/S Himgiri Cars Pvt. Ltd. Case Number: F.A. No. 397/2017 Click Here To Read/Download The Order

Breakdown Of Vehicle Alone Does Not Prove Service Deficiency: Delhi State Commission Dismisses Appeal Against Himgiri Cars Ltd

Ayushi Rani

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