Bengaluru Consumer Wins Battle Against Counterfeit Car Parts Dealer
A Bengaluru man has secured justice after being sold fake German car parts. Andre Allan D'Souza, a 38-year-old resident of Devanahalli, paid for genuine Bilstein air shocks but received cheap Chinese copies instead.
The Costly Purchase and Discovery
D'Souza purchased the air shocks in March 2023 from Kerala-based dealer Rahul PK. The dealer assured him the components were original Bilstein parts imported directly from Germany. D'Souza made two payments totaling Rs 2.6 lakh on March 11 and 12.
However, the customer soon discovered something was wrong. He realized the air shocks were actually grey-market Chinese copies worth less than Rs 1 lakh. A Bilstein verification report on July 10, 2023 confirmed his suspicions - the parts were definitely not original.
Legal Battle and Dealer's Defense
D'Souza immediately demanded a refund, citing serious safety concerns with counterfeit parts. He sent multiple legal notices through email, WhatsApp, and registered post in late March. The dealer responded in April, but D'Souza disputed the response as misleading.
Rahul PK presented a different version of events. He claimed D'Souza never approached him directly. Instead, the transaction supposedly went through a Bengaluru garage called E Tuners Motor Sports. The dealer argued he merely acted as a mediator between the garage and supplier.
Rahul also pointed out that D'Souza accepted the delivery and only raised objections four days later after opening the package.
Consumer Commission's Verdict
The Bengaluru Urban II consumer commission examined all evidence carefully. President Vijaykumar M Pawale and member V Anuradha noted the dealer failed to provide any proof supporting his claims.
The commission declared this case clearly involved deficiency of service and unfair trade practices. They observed that selling counterfeit parts after promising original components amounted to fraud and breach of trust.
The Final Judgment
The consumer commission delivered a comprehensive verdict in D'Souza's favor. They ordered Rahul PK to return the full Rs 2.6 lakh payment with 6% interest from the transaction dates.
Additionally, the dealer must take back the counterfeit air shocks. The commission also awarded D'Souza Rs 10,000 compensation for mental agony and litigation costs.
This case highlights important consumer protection issues. It shows how Indian consumers can fight back against counterfeit products, especially when safety concerns exist. The judgment reinforces that dealers cannot escape responsibility by claiming to be mere mediators without proper evidence.
