The State Consumer Disputes Redressal Commission (SCDRC) has asked R.K.S. Motors, Somajiguda, to provide Rs.29,664 to an appellant as charges towards repairing his car, which was under the warranty period.
R.K.S. Motors had moved the SCDRC after a district forum ordered it to pay Rs.29,664 to Adilabad resident S. Vinod Kumar, who had purchased a Maruti Omni in December 2006 from the dealer. The vehicle suddenly broke down in June 2008, while still in the warranty period. It was then repaired at Mahalaxmi Automotive, Tirupally, Adilabad.
The workshop charged Mr. Kumar Rs.29,664, stating that the repairs were not covered under the warranty. He then approached the district forum, seeking a refund.
R.K.S. Motors, however, resisted his claim, stating that the owner had violated the terms of warranty by getting his car serviced at private workshops, and by not availing any of the free services the company provides. It also said the consumer court had no jurisdiction over the case.
However, the SCDRC ruled that the district forum did have territorial jurisdiction, also pointing out that Mahalaxmi Automotive described itself as an authorised service station of the car company. And since it had charged the owner for repairing a vehicle that was still in its warranty period, it constituted a ‘deficiency of service’, while directing R. K. S. Motors to refund the amount to Mr. Kumar.
