9-month delivery delay, repeated defects: Jaguar Land Rover told to replace Rs 1.57 crore luxury SUV
NEW DELHI: A consumer commission in Delhi has held Jaguar Land Rover India and its authorised dealer guilty of deficiency in service after finding that a brand-new luxury vehicle developed multiple defects within weeks of purchase and was repeatedly taken to the workshop. The commission said the vehicle had to be repaired several times despite being driven only around 800 km and directed the manufacturer and dealer to replace it with a new vehicle or refund Rs 1.57 crore.Why did Fena approach the commission?Fena Pvt Ltd booked the vehicle through the authorised dealer in 2023 after being assured that it would be delivered in July that year, according to the commission’s order.The company said the vehicle was purchased for the personal use of its director and family members and not for any commercial activity. The dealer, however, failed to deliver the vehicle in July and subsequently gave repeated assurances about the delivery date.On July 31, 2023, the dealer again promised delivery in August and demanded Rs 10 lakh from the complainant. Fena paid the amount through RTGS. The dealer later gave another commitment that the vehicle would be available on October 5.The vehicle was eventually delivered on November 3, 2023, around nine months after it was booked. Even then, the complainant found that accessories ordered with the vehicle had not been installed. The dealer later sought more time to fit the remaining accessories.The problems became more serious after delivery. According to the commission, the vehicle developed engine misfiring, abnormal vibrations and repeatedly came to a halt while showing the “check engine” warning on the dashboard.The authorised workshop attended to the complaints and replaced several components under warranty. However, the problems continued. The vehicle was again found to be faulty after the dealer had informed the complainant that it had been tested and made roadworthy.The commission noted that a brand-new vehicle had been repaired repeatedly within about five weeks of purchase and had travelled only around 800 km.The dealer denied any deficiency in service and said that whenever the vehicle was brought to its authorised service centre, the reported problems were attended to under warranty. It also argued that the delivery delay was beyond its control because the vehicle was imported from the United Kingdom.Jaguar Land Rover India also challenged the maintainability of the complaint, arguing that the vehicle had been purchased by a company and that there was no direct contractual relationship between the manufacturer and Fena.Why did the commission hold Jaguar Land Rover and dealer liable?The bench comprising president Justice Sangita Dhingra Sehgal and member Bimla Kumari first rejected the argument that Fena could not be treated as a consumer because the vehicle had been purchased by a company.It relied on a Supreme Court judgment which held that merely because a vehicle is purchased by a company, it does not automatically mean that it was purchased for a commercial purpose. The commission noted that the opposite parties had failed to produce evidence showing that the vehicle was used for any business or profit-generating activity.The commission also rejected the manufacturer’s argument that the complaint was not maintainable because the vehicle had been purchased through an authorised dealer.It said the complaint concerned defects in a vehicle manufactured by Jaguar Land Rover and covered by its warranty obligations. Therefore, the absence of a direct sale contract with the manufacturer could not defeat the complaint.On the defects, the commission noted that the vehicle had required repeated repairs within a short period after purchase. The records showed problems with the engine, CVV assembly, charging system, camera, battery, spark plug, coolant and wiring.It observed that such problems and replacement of several components were not expected in a brand-new vehicle.“A brand new luxury vehicle is expected to give a smooth and worry free experience and there ought not to be any necessity for a new car to go to work shop on several occasions for repairs within a short span of nearly a month of its purchase,” the commission said.The commission also noted that the vehicle had repeatedly developed problems even after components were replaced. It said a vehicle suddenly coming to a complete halt on the road could pose a serious risk to public safety.“It is indeed true that if a brand new car gives trouble within a few days of its purchase, any consumer shall feel dissatisfied,” the commission observed, adding that Fena had suffered mental agony by taking the new vehicle to the workshop repeatedly.The commission further held the dealer liable for the delayed delivery. It noted that the dealer had repeatedly promised specific delivery dates but failed to meet them. The vehicle was ultimately delivered after about nine months and without accessories worth Rs 98,440.“The aforesaid conduct clearly amounts to deficiency in service in so much so that the Opposite Party No.2 caused inordinate delay in delivering the vehicle and delivered a vehicle bereft of accessories,” the commission said.The commission accordingly directed Jaguar Land Rover India and the dealer to jointly and severally replace the vehicle with a new vehicle of similar make and model. If replacement was not possible, they must refund the full purchase price of Rs 1,57,59,871 with 6% annual interest from the date of booking.The commission also directed them to pay Rs 2 lakh as compensation for delayed delivery, mental agony and harassment, along with Rs 20,000 towards litigation costs. The directions must be complied with by October 11, 2026, failing which the entire amount will carry 9 percent annual interest from the date of booking until actual payment.
