Client Court docket Kupwara Units Robust Precedent, Imposes 5 Lac Penalty on ‘HK Nissan Motors’, Orders for Quantity Refund in Toto Over Promoting of Faulty Automobile

Noor Ul Hassan Andrabi

Kupwara: The Honorable District Client Court docket Kupwara handed a landmark judgement in a case involving automobile promoting outlet ‘HK Nissan Motors’ for promoting a faulty automobile to a buyer again in 12 months 2015.

As argued by the counsel of Complainant and based mostly on proof, as learnt by Alfaaz-The Phrases, the aggrieved social gathering had bought a automobile Datsun Go+ from Nissan Motors in opposition to a fee of Rs 497000 in 12 months 2015, nevertheless the stated automobile turned faulty nicely inside guarantee interval.

“The complainant approached the involved reverse social gathering for repairement of the automobile however regardless of lapse of about 1 12 months, neither the automobile was repaired not the fee was refunded to the complainant which constrained the complainant to file the grievance in opposition to the Reverse social gathering earlier than the erstwhile District Client Discussion board Kupwara.”

The stated automobile, as argued by the aggrieved social gathering, stopped working solely after 9 months of buy.

The Particular courtroom taking all of the features into consideration directed the other social gathering (HK Nissan Motors) to refund the price of automobile to the complainant together with the curiosity @10% from the date the automobile was lifted and stationed in workshop of the OP’s.

The Reverse Events Company Head Nissan Motors Pvt Ltd, Northern Head Nissan Motors Haryana and Supervisor Lahori Nissan Pvt Ltd Pantha Chowk Srinagar had been additional directed to pay an quantity of Rs 5 Lacs as compensation for subjecting the complainant to “psychological agony, frustration, bodily discomfort, lack of enterprise and time because of deficiency of service and for indulging in unfair commerce practices.”

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

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

The actual judgement has set a robust precedent for the sellers concerned in market malpractices and taking the gullible prospects on a experience.