Chennai: Restore burnt car or pay damages, says forum

Chennai: The District Consumer Disputes Redressal Forum, Chengalpattu has directed a famous car dealer to repair a car which caught fire or pay a compensation of Rs 5.60 lakh to a Malaysian citizen. In the petition, Manimegalai Poonjolai of Saligramam, a Malaysian citizen, submitted that she comes to Chennai from Malaysia frequently and so she decided to buy a car for her use here.

 After seeing an advertisement about the sale of a used Honda Accord car, she purchased the vehicle from M/s.Capital Honda Aadit Auto, Meenambakkam for Rs 8 lakh. On February 17, 2010 at 4.00 p.m. Poonjolai, along with her relatives was on her way to T.Nagar in the car when she noticed smoke in the front side of the car. Immediately, the car was towed to M/s.Capital Honda Aadit Auto’s showroom.

 A day after it was delivered, she was on the way to Vadapalani from Adyar along with her relative’s children on February 19, 2010 and again she noticed smoke and fire. Minutes later the front portion of the car caught fire on Kamarajar Salai near Udayam Theatre. Passersby broke open the car windows and rescued them. The service centre, they gave an estimate for Rs 5,86,434 to repair the vehicle.

 She said “This is a clear case of deficiency in service. The vehicle has now become unserviceable and it is a case of total loss reduced to scrap value”.
 She sought direction to M/s. Capital Honda Aadit Auto, Meenambakkam and insurer of the vehicle, M/s. Reliance General Insurance Co. Ltd., West Tambaram, to pay her Rs 8 lakh towards cost of the vehicle and Rs 3 lakh for loss, damages, expenses and costs of frequent visits from Malaysia to Chennai and compensation of Rs 1 lakh for causing mental agony.

 In its reply, the MD M/s. Capital Honda Aadit Auto, submitted that the requested service was carried out as per Honda standards. The service center had not committed any deficiency in service and negligence. She owes a sum of Rs 5,86,434 for demurrage and parking charges till date. Reliance General Insurance Co. Ltd came forward to settle 40 per cent of the bill amount and that she was unnecessarily harassing service center for monetary benefit.

The bench comprising president N.Kaliyamurthi, members K.Prameela, and D.Babu Varadharajan said the agency committed deficiency of service in setting right the defects in the car. It directed them to pay compensation of Rs 60,000 towards cost and repair and set right all the defects and ensure that it would be fit to roll out in two months. Failing which, they have to pay Rs 5 lakh, bench added.