Chandigarh Consumer Commission Upholds ₹2.5 Lakh Compensation; Rejects Appeal for Higher Relief in Ford Endeavour Repair Dispute
Pranav B Prem
The Chandigarh State Consumer Disputes Redressal Commission has dismissed an appeal filed by M/s Green Force Engineers Pvt. Ltd., which sought enhancement of compensation for alleged negligent repair of a Ford Endeavour by M/s Bhagat Cars Pvt. Ltd. (Bhagat Ford). The Commission, comprising Justice Raj Shekhar Attri (President) and Rajesh Kumar Arya (Member), upheld the decision of the District Consumer Commission that had already awarded ₹2,50,000 as compensation and ₹10,000 as litigation costs, concluding that no further enhancement was justified.
The dispute began when the appellant purchased a Ford Endeavour in 2017 and later encountered transmission-related issues after the vehicle had run more than 1,60,000 kilometres. On 16 November 2021, the vehicle was taken to the Opposite Party (Bhagat Ford), which charged ₹1,30,000 for a replacement of the transmission mechanism and an additional ₹47,460 for related work. Despite the repairs, the vehicle continued to show persistent problems, including warning lights, jerking, overheating, reduced pickup, and overall unsatisfactory performance. Multiple subsequent visits to the service centre did not resolve these issues.
In 2023, the workshop again repaired the vehicle and collected ₹4,10,623 for a gearbox replacement, yet the same mechanical problems continued. Ultimately, the complainant took the car to another authorised service centre, which identified the issues and rectified them for ₹1,68,500. After that service, the vehicle’s performance stabilised, prompting the complainant to conclude that the work previously done by Bhagat Ford was neither adequate nor reasonable despite substantial payments.
The complainant approached the District Consumer Commission alleging deficiency in service, unfair trade practice, and financial loss. The Opposite Party did not participate in the proceedings and was set ex parte. After reviewing the records and written complaints regarding recurring defects, the District Commission partly allowed the complaint and awarded ₹2,50,000 as compensation and ₹10,000 as litigation costs. It did not, however, grant a full refund of charges paid to the workshop.
Arguing that the compensation awarded was insufficient, the complainant filed an appeal before the State Commission. Both parties appeared in appeal through counsel and contested the matter. The appellant reiterated that the defects continued despite paying a cumulative ₹5,40,623 to the Opposite Party and that the inconvenience and financial burden warranted higher compensation.
The State Commission observed that the vehicle had run more than 1,60,000 kilometres and, therefore, certain wear-and-tear issues were naturally expected. However, it accepted that the core defects—jerking, overheating, and poor pickup—remained unresolved for a prolonged period despite multiple repairs and repeated complaints. This clearly established deficiency in service on the part of the Opposite Party. At the same time, the Commission held that a complete refund of the repair charges could not be granted without expert evidence proving that no genuine repair work had been performed.
Finding the compensation awarded by the District Forum to be fair, just, and proportionate to the loss and inconvenience suffered, the State Commission refused to enhance the amount. Consequently, the appeal filed by M/s Green Force Engineers Pvt. Ltd. was dismissed. The Opposite Party has been directed to comply with the award of the District Commission, failing which the compensation amount will carry simple interest at 12% per annum from the date of default until realisation.
Cause Title: M/S Green Force Engineers Pvt. Ltd. Vs M/S Bhagat Cars Pvt. Ltd
Case No: SC/4/FA/154/2025
Coram: Justice Raj Shekhar Attri (President), Rajesh Kumar Arya (Member)
