Whether a Consumer can seek replacement of his car if the delivery of car is one year late?

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Shubham Budhiraja[1]

Mr. A bought a car new from the dealer and paid full consideration. However, the vehicle was delivered after 1 year. Mr. A alleged that said car is old one and has many defects. On denial of replacement by dealer, Mr. A filed consumer complaint seeking replacement of vehicle. District Consumer forum and State Commission directed the dealer to replace the car. The National Commission modified the order and directed to compensate instead of replacement. Hon’ble Supreme Court of India set aside National Commission order and held that[2]:

 

(I)                 When customer booked a new car and paid the sale consideration of a new car, the dealer was supposed to and/or bound to deliver the new car.

 

(II)               In exercising of revisional jurisdiction the National Commission has no jurisdiction to interfere with the concurrent findings recorded by the District Forum and the State Commission which are on appreciation of evidence on record. Therefore, while passing the impugned judgment and order the National Commission has acted beyond the scope and ambit of the revisional jurisdiction conferred under Section 21(b) of the Consumer Protection Act.

 

(III)             Non delivery of a new car can be said to be an unfair trade practice and even it can be said to be dishonesty on the part of the dealer and against the morality and ethics.


[1] Advocate, Delhi High Court [LLB, ACS, BCOM(H)], Budhirajalawchambers@gmail.com,  +011-45059142

[2] CIVIL APPEAL NO. 5928 of 2022, Judgment dated 08/09/2022

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