Ruling that it is the duty of the car manufacturers to replace defective vehicles, the Commission said that in such cases, the companies are "not justified" in protracting litigation for years merely because they have money power.
"Such defects may occur in one out of thousand vehicles, but at the same time, it is the duty of the reputed and established manufacturer to replace such a vehicle," said commission president Justice M B Shah and member Rajyalakshmi Rao.
Noting that a consumer would certainly be dissatisfied if a newly-bought car starts giving troubles within a few days of its purchase, the commission said that it is the "duty" of the car companies to replace the vehicles if they are unable to rectify the defects.
"By some measures or means, the tendency to accept the defects or faults is required to be encouraged. Otherwise, delay in disposal of such cases defeats the rights and the consumer gets frustrated," the commission noted, dismissing the petition of Hyundai against the State commission order.
The Commission told the car maker to refund Sunny Malik, managing director of a central Delhi-based publication house, the defective vehicle's cost (Rs 6.8 lakh) along with a compensation for harassment he faced while taking his 2004 model luxury car 'Accent' to the service station frequently.
As the company was asked to pay Rs 4 lakh following an earlier order by the State Commission, it has now been directed to pay the remaining Rs 2.84 lakh to the complainant.
The National Commission observed in a recent order that an adverse inference was to be drawn against the companies for manufacturing defects in the vehicles if they have to be taken for repairs every now and then.
In the complaint filed by Malik last year, he had sought replacement of his car as it was emitting excessive smoke and forcing him to take it for repairs often due to one or the other trouble.
The company had challenged his contention claiming there was no manufacturing defect in the vehicle and the repairs pertained to change of minor parts only.
The Commission, however, held that in case of a consumer being forced to take his new car for repairs too frequently, the company would have to replace the car and upheld the state Commission order asking Hyndai Motors to refund the cost of the car along with a Rs 25,000 compensation.
