The Kerala Consumer Court grants ₹ 3 lakh in compensation to a Ford car owner whose vehicle failed to return the advertised mileage.
The Consumer Forum revealed that even though the 2014 Ford Classic Diesel was marketed to get more than 32 km per litre, the expert commissioner’s testing revealed only 19.6 km per litre as the result.
In the case of Soudhamini PP v. Kairali Ford & Anr., a Kerala Consumer Court granted the owner of a Ford car compensation in the amount of ₹3 lakh because the car’s actual mileage was 40% lower than what the manufacturer had promised.
The Consumer Disputes Redressal Forum in Thrissur, which was supervised over by its President CT Sabu and members Sreeja S and Ram Mohan R, discovered that the advertised mileage was greater than 32 Kmpl whereas the results of the tests carried out by the expert commissioner were 19.6 Kmpl.
This meant that consumers were actually obtaining roughly 40% less mileage than what was advertised in the car’s flyers and brochures.
“No stretch of imagination can make a man of reasonable prudence believe the justifications and contentions put forth by the opposite parties to digest the wide gap between the actual and the claimed mileage of the car in question. Under the circumstances and the reasons elaborated supra, we have every reason to believe that the opposite parties miserably failed to refute the allegations in respect of their mileage claims, levelled against them by the complainant,” the forum mentioned.
It came to the conclusion that the car’s maker, Ford India Pvt. Ltd., and seller, Kairali Ford, had engaged in unfair business practises by inflating the car’s mileage.
As a result, it granted the complaint a sum of ₹1,50,000 as compensation for the harm done to her finances and ₹1,50,000 as restitution for the suffering and difficulty she endured. She was also ordered to get an additional ₹10,000 to cover legal fees.
On the basis of a complaint lodged by Soudhamini PP in accordance with Section 12 (1) of the Consumer Protection Act of 1986, the decision was made. In November 2014, she paid ₹8,94,876 for a Ford Classic Diesel automobile from Kairali Ford (opposite party 1).
The car’s manufacturer, Ford India Pvt. Ltd. (opposite party 2), marketed the vehicle as having a mileage of more than 32 Kmpl of diesel.
The plaintiff claimed that she had bought the car after being tempted by this promise. She only received 16 Kmpl of mileage, though.
She also stated her concern with the car’s damaged Tyre after 10,000 kilometers.
She went to the consumer forum to request a refund of the car’s invoice as well as other reliefs of compensation and fees after the notice sent by her attorney received no reaction from the opposing parties.
The opposing parties countered that mileage would change depending on traffic, road conditions, climate, and other variables. They added that a third party evaluated the mileage they recorded.
Additionally, they argued that it would be preferable to refer the case to a civil court because it is a complex one.
The consumer forum appointed an expert commissioner who, after carefully inspecting and testing the car, submitted a detailed report that showed the car’s approximate economy during the running test, which was conducted in front of the parties involved, was 19.6 Kmpl.
It was noted that the 2014 Ford Classic Titanium with the Duratorq Diesel engine clearly stated that it gives more than 32 Kmpl in the flyer and brochures for the vehicle.
The opposing parties’ argument in that regard was rejected since these documents made no reference of the circumstances in which this mileage may be accomplished.
The argument about the validity of the test performed by the expert commissioner was also rejected because it was determined that the tests and the report given were extensive and precise.
Furthermore, it was decided that any claim made regarding the calibre or features of goods produced by one of them and sold by the other is valid regardless of the relationship between the two opposing parties.
“We are therefore of the considered view that the complainant has succeeded in proving his allegation that the opposite parties’ statement regarding mileage of the car in question is deceptive,” the order stated.
Case Title: Soudhamini PP v. Kairali Ford & Anr.
Complaint Case No. : CC/15/717
Written By: Lakshman Singh, 3rd Semester, B.B.A LL.B (Hons.), Shri Ramswaroop Memorial University, Lucknow
