Consumer Court Kupwara Sets Strong Precedent, Imposes 5 Lac Penalty on ‘HK Nissan Motors’, Orders for Amount Refund in Toto Over Selling of Defective Vehicle

Noor Ul Hassan Andrabi

Kupwara: The Honorable District Consumer Court Kupwara passed a landmark judgement in a case involving vehicle selling outlet ‘HK Nissan Motors’ for selling a defective vehicle to a customer back in year 2015.

As argued by the counsel of Complainant and based on evidence, as learnt by Alfaaz-The Words, the aggrieved party had purchased a vehicle Datsun Go+ from Nissan Motors against a payment of Rs 497000 in year 2015, however the said vehicle became defective well within warranty period.

“The complainant approached the concerned opposite party for repairement of the vehicle but despite lapse of about 1 year, neither the vehicle was repaired not the cost was refunded to the complainant which constrained the complainant to file the complaint against the Opposite party before the erstwhile District Consumer Forum Kupwara.”

The said vehicle, as argued by the aggrieved party, stopped working only after 9 months of purchase.

The Special court taking all the aspects into consideration directed the opposite party (HK Nissan Motors) to refund the cost of vehicle to the complainant along with the interest @10% from the date the vehicle was lifted and stationed in workshop of the OP’s.

The Opposite Parties Corporate Head Nissan Motors Pvt Ltd, Northern Head Nissan Motors Haryana and Manager Lahori Nissan Pvt Ltd Pantha Chowk Srinagar were further directed to pay an amount of Rs 5 Lacs as compensation for subjecting the complainant to “mental agony, frustration, physical discomfort, loss of business and time due to deficiency of service and for indulging in unfair trade practices.”

The case was accordingly disposed off – under title Feroz Iqbal Shah V/S Nissan Motors India Pvt. Ltd.

Notably, the coram was headed by President District Consumer Commission Kupwara Peerzada Qousar Hussain and Member Nyla Yaseen.

The particular judgement has set a strong precedent for the sellers involved in market malpractices and taking the gullible customers on a ride.