Nissan directed to replace defective car or refund cost

A consumer forum here has directed the Indian arm of Japanese automobile company Nissan Motors to either replace a defective car sold to a doctor or refund its cost.

The East District Consumer Disputes Redressal Forum held Nissan Motors India liable to refund the cost of the vehicle, a Micra car, or replace it, saying the complainant was in "constant danger" of getting hurt due to the car's defective braking system which did not work properly despite replacement of the entire brake assembly.

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"Taking the facts and circumstances into consideration and the material on record, we are of the view that the vehicle in question is suffering from manufacturing defect. Complainant is in constant danger of being hurt. "It is only with the blessings of God that nothing untoward has happened so far when it is proved on record that brake system of this vehicle is defective and could not be set right even after replacement of the brake assembly," a bench presided by NA Zaidi said and directed Nissan to pay Rs 50,000 as compensation to the complainant, Delhi resident Dr Neera Bhan.

In her complaint, Bhan said in December 2011 she had bought the Nissan Micra car, which made a sharp sound when the brakes were applied. The car was sent to the workshop several times to get the brake problem rectified but the issue persisted.

Finally in June 2012, the brake assembly of the car was replaced despite which the problem persisted, Bhan alleged. Nissan in its defence had denied the allegation that the car was defective, saying till filing of the complaint in 2012, the vehicle had been driven for over 30,000 km.

The forum, however, rejected the contention saying the "coverage of 30,000 km cannot be a defence in view of the clear admission of replacement of the break assembly".

It also observed that there was something "inherently defective" with the car's braking system since the problem re-occurred despite change of brake assembly.