"Compensation" includes compensation for physical, mental and emotional suffering: National Consumer Forum
What was the case?
The complainant had bought a Mercedes Benz car from TNT motors for Rs 27,081,89. The car broke down during the rains in Delhi. The car was sent to the dealers for repairs, after checking the car the dealers He said that the car will be repaired soon. And told that the cost of the car was three times more than the price of the car but the car was not repaired and handed over to the owner for three months. The complainant filed a petition in the State Commission And demanded compensation due to which the State Commission held the dealers responsible and awarded compensation of Rs. 250,000 and expenses of Rs. 50,000.
What did the dealers say in the appeal?
The dealers had challenged the decision of the State Commission by filing an appeal petition in the National Commission against this decision. The dealers had argued that the State Commission had given the decision without knowing the reason why the car was not repaired on time. The car was offered to the complainant in good time but the complainant refused to accept it. There was no fault in our service.
What did the National Consumer Forum order?
The National Commission, while making this appeal, said that what the State Commission had ordered was absolutely correct.
The National Commission accepted the decision given by the State Commission. There were deficiencies in the service of the dealers.Referring to the case of M/s Crompton Greaves Ltd. and others vs. Daller Chrysler India Private Limited and others, it was said that the consumer has the right to seek redressal in case of defective products or services. And said There was a delay of four months due to which the complainant had to suffer mental agony.
The Commission referred to the decisions of the Supreme Court in Wing Commander Arifur Rahman Khan and Aleya Sultana and others vs DLF Southern Homes Pvt Ltd and others and Charan Singh vs Healing Touch Hospital Which supported a broad understanding of "compensation" under consumer protection laws, including compensation for physical, mental or emotional suffering.