National Consumer Disputes Redressal Commission (NCDRC): V.K. Jain (Presiding Member), J. addressed a complaint concerning the manufacturing defect in a “Mercedes CDI-220” car and directed for a compensation of Rs 2 lakhs along with litigation costs.
The facts of the case are, that the complainant/respondent had purchased a Mercedes CDI-22 car worth Rs 37 lakhs. Within a few days of the purchase, the car started to have various issues in respect to its doors, sunroof, shockers, etc., and due to which it had to be to fixed several times.
Further, on facing the above-stated issues several times, the complainant got the vehicle inspected and the report for the same stated that “there seemed to be an inherent manufacturing defect in the vehicle which the manufacturer was unable to locate and rectify.”
Complainant approached the concerned District Forum by way of a consumer complaint seeking replacement of the car or in the alternative, refund of the amount he had paid for the purchase of the car along with compensation, etc.
In the order of the State Commission after a proper formation of the expert committee and on receiving its report, it was directed to the complainant to pay a sum of Rs 2 lakhs with Rs 22,000 litigation costs. Appellant not being satisfied with the same approached NCDRC by way of appeal.
The National Commission opined that it was fully justified in relying upon the expert report and the grant of Rs 2 lakhs as compensation cannot be said to be excessive or unreasonable by any standards considering that the vehicle in question was a Mercedes vehicle which was expected to run smoothly without giving much trouble to the owner who has spent Rs 37 lakhs for the purchase of the vehicle.
Thus on consideration of the facts and circumstances of the case, the appeal was dismissed. [Mercedes Benz (India) (P) Ltd. v. Prince Bansal, 2019 SCC OnLine NCDRC 76, Order dated 30-05-2019]
