BMW dealer told to pay Rs 5.42 lakh charged for repairing car to owner

In his ailment astatine the District Commission, Pawan Kumar Goel of Panchkula stated that helium purchased a BMW 730 LD car from the authorised trader (Krishna Automobiles). “I person been utilizing the conveyance for 8 years, covering astir 60,000 kilometres. But for the past 4 years, I person been facing important attraction issues,” Goel said.

As per Goel’s complaint, connected July 6, 2016, Krishna Automobiles sent him an extended warranty bundle via email, described arsenic the BSI Plus and Extended Warranty Package. Convinced by the offer, Goel paid Rs 3,74,379 for the warranty extension. On May 16, 2020, the complainant reported a rear suspension issue.

Following this, the conveyance was inspected astatine the dealership’s work centre, wherever it was determined that the occupation was with the aerial suspension caused by a malfunctioning aerial proviso pump. The complainant believed this contented was covered nether the warranty policy. However, connected the aforesaid day, the dealership sent an email with an estimation of Rs 4,67,375.26 for the repairs, which shocked the complainant.

Goel argued that the dealership’s assertion was unfounded, arsenic helium should not person to wage for repairs to parts covered nether the warranty package. The complainant said that helium instantly raised his concerns, sending an email to acrophobic authorities detailing the vehicle’s attraction issues.

He said that helium repeatedly requested BMW India and its dealership to rectify oregon regenerate the defective parts successful accordance with the warranty terms, nevertheless complainant was informed that “the parts successful question were not covered nether the warranty and would incur further charges”.

Goel, thus, filed a ailment earlier the District Commission.

BMW India successful reply stated that the extended warranty argumentation was purchased by the complainant connected August 5, 2016, and this was the 5th twelvemonth of ownership for the vehicle, which had been purchased connected September 8, 2011. Consequently, the repair-inclusive warranty expired successful the sixth twelvemonth of the vehicle’s ownership, specifically connected September 7, 2017, it stated. It was further stated that the complainant raised the contented regarding the vehicle’s suspension connected May 16, 2020. “Since this ailment was made good aft the expiration of the extended warranty policy, the complainant was not entitled to immoderate benefits nether an expired policy,” BMW India said.

The dealership, Krishna Automobiles successful reply clarified that the conveyance successful question was purchased successful the sanction of the firm, “Chemical Resources”, which operates arsenic a commercialized entity. “The invoice and registration of the car were issued successful the firm’s name, emphasising that the transaction pertains to commercialized activities. The warranty play concluded connected September 7, 2016,” said the dealer, adding the complainant failed to disclose these captious facts, the reasons for which stay unclear.

The District Commission aft proceeding the contesting parties and going done the worldly disposable connected record, directed the dealership to transportation retired the indispensable repairs and replace/change the defective parts, and wage Rs 25,000 arsenic compensation and Rs 10000 arsenic the outgo of litigation.

However, aggrieved with the bid of the District Commission, BMW India and Krishna Automobiles moved to the State Commission to acceptable speech the bid of the District Commission, whereas the complainant Goel filed an entreaty earlier the State Commission for the modification of the order, seeking enhancement of compensation amount.

The State Commission connected proceeding the substance said the important sum of Rs 3,74,379 paid by the complainant raises questions astir the rationale down specified an expenditure if the extended warranty was to lone screen a specified one-year period, peculiarly erstwhile the archetypal warranty would person efficaciously reduced its value.

“Based connected the grounds presented and the lack of wide documentation indicating otherwise, this Commission besides finds that the extended warranty purchased by the complainant commenced upon the expiration of the archetypal warranty. The District Commission’s decision successful this substance was, therefore, justified and appropriate.”

The Commission, thus, held that the bid passed by the District Commission needs modification. Resultantly, entreaty bearing No. 321 Pawan Kumar Goel versus BMW India Private Limited and Krishna Automobiles stands partially allowed.

Thus, modifying the bid passed by the District Commission, the State Commission directed Krishna Automobiles to refund to complainant Pawan Kumar Goel the full magnitude received, which is Rs 5,42,019, for repairs/replacement of defective parts of the conveyance successful question, being the aforesaid nether warranty/extended warranty, and to wage compensation to the tune of Rs 35,000 and outgo of litigation to the tune of Rs 20,000.