Fix defects in car or pay Rs 10 lakh: Consumer panel

The state consumer disputes redressal commission has directed carmaker Volkswagen and its dealer to fix the problem of excess nitrogen oxide emissions from the vehicle of a customer in three months or pay Rs 10 lakh to the complainant after taking possession of the vehicle.

In their order, DR Shirasao, presiding judicial member, AK Zade, member, have also asked the automobile giant to pay Rs 1 lakh compensation to the customer, Madhav Sakharam Rane, for the time being.

Sewri resident Rane had purchased a JETTA 2.0 TDI Comfortline MT on June 23, 2012 for Rs 22 lakh.

In 2015, Rane read in the media about the emission of excessive nitrogen oxide from Volkswagen cars, he approached a company dealer.

When he did not get the response for almost three months, Rane filed a complaint with the commission in 2017. However, he was told that the matter is being taken by one of the opponents (Volkswagen or the dealer) and that it was being looked under the Motor Vehicles Act.

The company and its dealer contended that the complainant had already driven around 57,000 kms. They said since Rane had been using the car, he could not claim the refund of purchase amount. They also claimed that the defect was removed from Rane's car in 2017. The commission, however, said there was no evidence on record to prove that.

However, while deciding the compensation and refund, the commission relied on some earlier orders and stated that since it has been five years since the car was in use before the complaint was filed, depreciation would be of 50%.

It hence directed that Rs 10 lakh would be paid, after taking possession of the car, if the defect cannot be corrected in three months.