Kerala consumer court fines Ford India for misleading ad; awards Rs.3 lakh compensation to car owner

Kerala consumer court fines Ford India for misleading ad; awards Rs.3 lakh compensation to car owner

The company advertised mileage above 32 km per litre, but the test results showed only 19.6 km per litre

The Consumer Disputes Redressal Forum, Thrissur, Kerala, has awarded Rs.3 lakh as compensation to the owner of a Ford Classic diesel car after the vehicle gave a mileage, which was 40 percent less than what was advertised by the car manufacturer.

In the Soudhamini PP vs Kairali Ford & Anr case, the forum presided over by CT Sabu (president) and Sreeja S and Ram Mohan R (members) found that the advertised mileage was above 32 km/l while the result of the tests conducted by the expert commissioner was 19.6km/l.

It meant that the actual mileage that a consumer was getting was about 40 percent less than the one stated in the leaflets and brochures for the car.

The forum stated, "No stretch of imagination can make a man of reasonable prudence believe the justifications and contentions put forth by the opposite parties to digest the wide gap between the actual and the claimed mileage of the car. Under the circumstances and the reasons elaborated, we have every reason to believe that the opposite parties miserably failed to refute the allegations of mileage claims levelled against them by the complainant."

The bench ruled that the manufacturer, Ford India Pvt Ltd, and the seller, Kairali Ford, adopted an unfair trade practice in stating deceptive mileage for the car.

It, thus, awarded the complainant Rs.1,50,000 towards compensation for the financial loss inflicted on her, Rs.1,50,000 for the agony and hardship she underwent and an additional Rs.10,000 as litigation cost.

In November 2014, Soudhamini PP had purchased a Ford Classic diesel car from Kairali Ford for Rs.8,94,876. The manufacturer advertised that the vehicle provided a mileage above 32 km per litre of diesel. However, the purchaser discovered that it gave a mileage of 16 km/l only.

Thereafter, she filed a complaint under the Consumer Protection Act, 1986, reasoning that lured by the promise, she purchased the car. She also complained about the damage to one of the tyres of the car after covering 10,000 km.

Since the notice issued by her lawyer elicited no response from the opposite parties, Soudhamini approached the consumer forum seeking a refund of the car, along with other reliefs of compensation and costs.

However, the opposite parties argued that the mileage would vary with driving conditions, the nature of roads, traffic conditions, etc. They stated that the mileage reported by them was ascertained by a third party. Since the matter was complex, it should be referred to a civil court.

The consumer forum appointed an expert commissioner, who after due examination and tests of the vehicle, handed over an extensive report. The report revealed that the approximate mileage given by the car during the running test conducted in the presence of the parties concerned was 19.6 km per litre.

Thus, the forum noted that the leaflet and brochures for the car clearly stated the 2014 Ford Classic Titanium with the Duratorq Diesel engine gave a mileage of more than 32 kmpl.

Since the documents did not mention the conditions under which this mileage could be achieved, the forum rejected the contention of the opposite parties. The veracity of the test conducted by the expert commissioner was also dismissed, as it found that the report and the tests conducted were extensive and scrupulous.

The forum further held that both the opposite parties, whatever their relationship, were the same, with respect to any claim made on the quality or features of the products manufactured by one of them and sold by the other.

The order stated, "We are of the view that the complainant has succeeded in proving her allegation that the opposite parties' statement regarding the mileage of the car in question is deceptive."