Nearly 15 years after purchasing a premium Nissan X-Trail SUV that broke down within days of delivery, a consumer in Kerala has won a full refund from the National Consumer Disputes Redressal Commission.
The commission ordered Nissan Motor India and dealer EVM Automobiles Private Limited to refund Rs 28 lakh to the buyer, holding them liable for deficiency in service.
The case was heard by a bench headed by Justice A P Sahi with member Bharatkumar Pandya while considering an appeal filed by Nissan against a December 16, 2021, order of the Kerala State Consumer Disputes Redressal Commission.
The dispute dates back to June 2011, when Jaison Lukose of Kottayam bought the SUV for about Rs 28 lakh from the Kochi-based dealership.
According to the complaint, the vehicle stalled on June 28, 2011, just six days after delivery, after running only 780 km.
The car was taken to the dealer’s workshop and returned the same day, but engine noise and other problems continued, forcing repeated service visits. The vehicle later broke down again on September 27, 2011, when the engine stopped after the SUV had run 11,922 km, rendering it unusable.
Lukose approached the state consumer commission in 2012 seeking a refund and Rs 10 lakh compensation. The manufacturer and dealer argued that the engine malfunction was caused by adulterated diesel mixed with kerosene and said they had offered to replace the engine under warranty.
However, an expert inspection commissioned by the state consumer forum found a technical defect in the engine design that led to premature failure.
While upholding the finding of service deficiency, the national commission modified the earlier order by removing interest and compensation. It directed the manufacturer and dealer to jointly refund the principal amount of Rs 28 lakh within two months. Interest of nine percent will apply only if the refund is delayed beyond that period.