Army officer's car broke down after repairs; commission orders free repair, Rs 50k

NEW DELHI: A consumer commission in Delhi has held a car service centre guilty of deficiency in service after it failed to properly repair a Nissan car that had been partially submerged in waterlogging, with the vehicle developing a gearbox problem within a month of being returned to its owner after repairs.The District Consumer Disputes Redressal Commission, South-West Delhi, directed Youwe and Cars, the car’s authorised service centre, to repair the vehicle free of cost and pay Rs 50,000 as compensation for mental harassment, agony and litigation expenses, in its order dated October 6, 2026.Nissan car repair disputeAccording to the commission order, the complainant, a serving Army officer, purchased the car on April 9, 2019, and insured it with ICICI Lombard in June 2021.

On July 28, 2021, the vehicle was partially submerged due to waterlogging in a parking lot in Vasant Kunj, Delhi.The car was towed to Youwe and Cars for repairs. The service centre initially estimated the repair cost at Rs 6,79,092, which was later reduced to Rs 4,21,000 and then to Rs 3,61,403. The complainant alleged that the service centre did not explain the reduction in the estimate or obtain her consent before replacing consumables and parts not covered by the insurance policy.

She took delivery of the car on January 21, 2022, but alleged that the steering module made a noise, the Nissan Connect module was not working and some parts had not been replaced. The car broke down the same day and developed another problem on February 9, 2022, when it became immobile near Dhaula Kuan. It was towed back to the service centre, where it remained.The complainant alleged that the service centre had failed to properly repair the car and address the gearbox damage.

She issued a legal notice to the opposite parties on March 16, 2022, before approaching the commission.Youwe and Cars and Nissan Motor India did not file their replies within the prescribed period and were proceeded against ex parte. ICICI Lombard denied deficiency in service, stating that it had paid Rs 3,40,263 to the service centre based on the surveyor’s report. It also argued that the commission did not have jurisdiction to entertain the complaint.Commission's finding on the car service centreThe bench comprising President Suresh Kumar Gupta and member Harshali Kaur found that Youwe and Cars had failed to properly repair the vehicle. It noted that the service centre had repeatedly reduced its estimate without explaining the reasons and had not obtained the complainant’s consent for replacing consumables and parts not covered by the policy.“The OP-1 was under a duty to check the engine and gearbox properly while repairing the car to see whether there is damage to these parts due to water logging or not,” the commission said.It noted that the gearbox problem appeared within a month of the car being returned after repairs. The commission held that the vehicle’s failure to run properly showed that the service centre had not carried out the repairs adequately.“The problem in gearbox within one month from the delivery of car after repair shows that car was not properly repaired. The non-repairing in a proper fashion tantamounts to deficiency in service on the part of OP-1,” the bench said.The commission also noted that the car remained with the service centre after it broke down, but the service centre had not produced a job card explaining why the vehicle was not moving. It held that the complainant’s evidence against the service centre had gone unrebutted.However, the commission found no evidence of a manufacturing defect that could make Nissan Motor India liable. It also accepted the insurer’s surveyor report, noting that the complainant had not produced material showing shortcomings in the assessment of the damage.What did the commission order?The commission, in its October 6, 2026, order, partly allowed the complaint and directed Youwe and Cars to:

If the service centre fails to comply within 45 days, it will have to pay interest at 6% per annum on the compensation and litigation expenses from the date of the order until payment. The complaint against Nissan Motor India and ICICI Lombard was not allowed.