Non-compliance of order costs Ford India, Bhagat Ford dear

Ramkrishan Upadhyay

Tribune News Service

Chandigarh, August 26

Taking non-compliance of the order seriously, the State Consumer Disputes Redressal Commission, UT, has issued an order to attach the offices of Ford India Private Limited, Gurgaon, Bhagat Cars Private Limited, Industrial Area, Phase 2, Chandigarh, and Bharti Axa General Insurance, Sector 34-A, Chandigarh. It also ordered to appoint a receiver who will prepare an inventory of all articles lying in the offices and take them into possession forthwith.

The orders have been issued to the District Magistrates, Gurgaon and Chandigarh. The Commission has also directed the complainant’s counsel to furnish the names of the Director/Managing Director of the judgment debtors for issuing bailable warrants of arrest in the sum of Rs50,000 each with one surety in the like amount.

The Commission has issued the order on an execution petition filed by consumer Arshjot Singh through counsel Dilraj K Bhinder. The execution application was filed under Section 27 of the Consumer Protection Act, 1986, for non-compliance of order dated March 31, 2021, passed by it.

The Commission, in the order, had directed the company and the dealer to repair the complainant’s vehicle, Ford Endeavour Titanium, and replace the defective parts of the engine or the component, if any, or if required to replace the defective engine with a brand new engine of the same specifications with fresh warranty without charging anything from the complainant and make the vehicle in a perfect roadworthy condition and return it to the complainant within a period of 20 days.

Failing this, they shall be liable to refund the entire amount received towards the price of the vehicle, along with interest @12 per cent per annum. The insurance company was also directed to pay the amount incurred upon the repair/replacement of defective parts or the entire engine of the said vehicle directly to the company and the dealer. The Commission also directed to pay a compensation of Rs5,00,000 to the complainant for mental agony and harassment and also pay litigation cost of Rs50,000.

The consumer approached the Commission after the vehicle he purchased from the dealer was allegedly found with manufacturing defects. When the respondents failed to implement the order, the consumer filed an execution petition.

The Commission further ordered the judgment debtors to comply with the order under execution and pay the decretal amount of Rs42,32,313 to the decree holders along with up-to-date interest by way of demand draft before the next date of hearing October 13, 2021.