Court to BMW: Refund owner full cost of 1-Series luxury hatchback along with 6 % interest

In one of its recent verdicts, the Delhi State Consumer Disputes Redressal Commission (DSCDRC) ordered BMW India to refund the entire purchase amount of a customer, who filed a grievance case related to a faulty car delivered to him. The customer, who goes by the name Pritam Pal, was suffering from a lot of issues with his newly-purchased BMW car, for which BMW India has been held responsible for delivering a faulty product.

Court to BMW: Refund owner full cost of 1-Series luxury hatchback along with 6 % interest

In the verdict, which was announced by DSCDRC’s bench members Pinki and Bimla Kumari, BMW India has been told to refund the entire amount of the car spent by the Pal for buying the car. In addition to it, BMW India has also been told to give interest borne on the load, 6 per cent interest on the purchase amount, cost for mental agony and harassment, litigation cost and other costs for service, maintenance, tyre replacement and insurance renewal for that duration. All the penalties were imposed on BMW India for the car manufacturer failed to rectify or replace the faulty car.

The court directed BMW India Pvt Ltd to refund the full payment of Rs 26,26,42 to the complainant as compensation for deficiency in service with an interest of 6%. Failing to do so by 23/01/2023, an interest rate of 9% will be calculated. The court also directed an additional payment of Rs 2 lakh for mental agony to the complainant, Rs 50,000 for litigation cost, Rs 1,09871 as maintenance cost and Rs 35,000 for the tyre replacement. Further, the court directed the German company to pay Rs 51,000 and Rs 42,280 as insurance amounts for the second and third years.

Case filed by the owner

In his filed case, Pritam Pal claimed that his newly-purchased BMW car started suffering from problems after five months after the purchase date. After noticing a loud squeaking sound every time he applied brakes, Pal took the car to the authorized service outlet of BMW, which kept the car for 10 days. However, despite the regular check-ups confirmed by the authorized workshop, the problem wasn’t solved. Pal again sent the car to the same workshop and intimated the problem through an email.

After this second inspection of the car, the technicians also noticed that a whistling noise was coming from the brake whenever it was applied. The car was returned to the customer and six-seven days after the authorized service centre claimed that it has changed the front brake pads and front discs of the braking system of the car. However, even after all this, the problem remained.

The faulty car was then checked by BMW’s R&D centre in Manesar. In the inspection drive, the performance of the brakes was adjudged to be poor and inefficient. The repairs were done again, but even after that, the problem persisted in the car. In the meantime, two of the tyres of the car also burst due to excessive heat and friction caused by the faulty braking system of the car. Noticing the same defect remaining unsolved, Pal filed a consumer complaint and requested a proper replacement or refund for the faulty car.