Defective Merc: Co asked to offer new car

This is exactly what a Mercedes buyer from Okhla area in the city realised within three months of purchase.

Now, the National Consumer Commission has come to the rescue of the car owner and directed Daimlerchrysler India Pvt Ltd - the makers of Mercedez-Benz - to either replace the car, which suffered from over-heating, or refund its price.

Commission president Justice M B Shah and member Rajyalakshmi Rao said in a recent order that the car maker and its dealer "shall replace the car ... with a new car of the same or similar model, or in the alternative they shall refund the purchase price of the same."

Another Mercedes, bought by the complainant along with the one ordered to be replaced by the court, was also found to have manufacturing defects.

"For the second car (the car maker and dealer) are directed to remove the defect of over-heating of the central hump of the car on a long journey, with a period of eight week ... or in the alternative to refund 50 per cent of the amount of purchase price namely, Rs 29 lakh. "

Taking note of the complaint filed by an Okhla-based firm which bought the S-class sedan, Justice Shah and Rao said "if one of the most luxurious brand of cars, namely the Mercedez-Benz, ... gives trouble within three months from the date of its purchase, would a consumer be satisfied by such a car?"

"As it is claimed that the 'Mercedez-Benz is not just about building a safe car, but it is about making the road a safer place,' in our view, the purchaser would not be satisfied with the said car, which requires repeated repairs, and is entitled to get replacement or refund of the price of the car," said the Commission, in response to the complaint filed by Controls and Switchgear Company Ltd.

The car maker and its dealer, in their defence, claimed that the problems, if any, faced by the complainant, were operational in nature and were due to the nature of use and improper road conditions.

Interestingly, the Commission ordered road tests and even appointed court commissioners, who travelled over 200 km in the car to verify the car purchaser's complaint, that the central hump of the car was getting over-heated during long journeys.

On the basis of road tests, the Commission said "in our view, the constant grievances of the complainant that the central hump was getting heated in long journeys cannot be ignored. These facts are established by the complaints made continuously by the complainant as well as the temperature noted by the court commissioners."