Chandigarh District Commission Holds Audi Gurugram And Kanish Motor Liable For Charging For Replaced Parts Covered Under Warranty

Brief Facts:

Mr Tushar Aggarwal (“Complainant”), director of M/s Aam Aan Kay Gases Pvt. Ltd., owned an Audi Q3 Quattra Car with a repair warranty of 2 years. The Complainant received an email from Audi (Gurugram) and Kanish Motor Pvt. Ltd. (“Seller”), offering an extension of the warranty to three years under the "Extended Warranty Scheme." Believing this offer to be true, the Complainant paid Rs. 85,026/-, which supposedly extended the warranty of the car until 11.6.2022. Subsequently, the Complainant sent the car to Audi Gurugram for repairs covered under warranty. He was charged Rs. 76,465/- for the same. As mentioned in the invoice, the Complainant was charged for certain parts worth Rs. 40,000/- which were covered under the extended warranty. Despite seeking clarification through emails and legal notice, neither Audi nor the Seller replied. Following this, the Complainant filed a consumer complaint in the District Consumer Disputes Redressal Commission-I, U.T. Chandigarh (“District Commission”), alleging deficiency in service and unfair trade practices.

Audi didn't appear before the District Commission and the Seller contested the complaint, asserting that the Complainant was not a consumer and denied any deficiency in service or unfair trade practice on its part.

Observations by the Commission:

The District Commission referred to Audi Standard Extended Warranty T&C to assess whether the alleged replaced products were covered under warranty. The District Commission noted that although the belt tensioners were covered by the extended warranty, the tensioner pulley and rollers were not. Therefore, it held that Audi wrongfully charged Rs. 12,659/- for the tensioner parts, knowing very well that they were covered under the extended warranty.

Therefore, the District Commission allowed the Complainant's submission partly and held Audi and the Seller liable for deficiency in service and unfair trade practices. It directed them to pay Rs. 12,659/- to the Complainant with 9% interest per annum from the date of the invoice and pay Rs. 7,000/- compensation for mental agony and harassment and Rs. 5,000/- litigation costs.

Case Title: Aam Aan Kay Gases Pvt. Ltd. and Anr. vs Audi Gurugram and Anr.

Case No.: CC/10/2022

Advocate for the Complainant: Ayushi Banwar and Pardhuman Garg

Advocate for the Respondent: S.R. Bansal

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