The number of cases where customers have approached consumer courts for defective products, especially cars, has gone up in the recent past. A recent case comes from Kolkata, where the District Consumer Disputes Redressal Commission Kolkata Unit – II (Central) bench, comprising Sukla Sengupta (President) and Reyazuddin Khan (Member), held Tata Motors and its dealer liable for selling a Tata Nexon with manufacturing defects to a customer. The court has asked them to replace the defective SUV and pay a compensation of Rs 1 lakh to the customer.
The complainant, Susmita Basu, had purchased a brand new Tata Nexon car from Dulichand Motors Pvt. Ltd., an authorized Tata dealership. The customer had paid around Rs 7.5 lakh for the SUV. On the day of purchase, she faced some issues with the vehicle. The engine of the car had some issues, due to which it was emitting white smoke. After noticing the smoke, she took the car back to the dealership. The dealership and service center staff looked into the matter, but the issue persisted.
When the customer saw that her issue was not getting resolved, she filed a complaint at Shyampukur Police Station and took the car to the authorized dealership’s workshop. The technician once again looked into the matter and replaced the radiator hose and coolant. The car was returned to the customer on the same day. After the car was returned, the customer started facing more issues.
The customer then raised a demand to the dealership and asked them to replace the vehicle. As usual, the dealership denied the customer’s request, which made the customer take things to the next level and approach the consumer court. She filed a complaint against Tata Motors and the dealer.
In response, Tata Motors denied any manufacturing defect in the vehicle or deficiency in service. The manufacturer even raised an argument stating that the complainant did not fall under the definition of Consumer Dispute, as no manufacturing defect was proven. The manufacturer, however, acknowledged that the customer did face issues with the vehicle, attributing them to a malfunctioning clamp and not any manufacturing defect. The manufacturer also stated that all their vehicles undergo thorough inspections and quality checks.
The dealer did not appear before the court, and therefore the case proceeded against ex-parte. After considering the arguments made by the manufacturer, the court noted that the brand-new car bought by the customer did face mechanical issues just 2-3 months after the purchase. It said that such issues are not common and are not expected by a new car buyer. After analyzing the facts, the court concluded that Tata Motors and the dealer were liable for deficiency in services and negligence for selling a defective car to the customer. The court also mentioned that this issue has caused mental pain and agony to the customer. It imposed a cost of Rs 5,000 on Tata Motors and the dealer. The court also ordered the manufacturer to replace the defective Nexon with a new one within 45 days. A compensation of Rs 1 lakh along with Rs 30,000 litigation charges should also be paid to the customer.
The post Consumer Court To Tata Motors And Dealer: Replace Defective Nexon And Pay Customer 1.3 lakh As Compensation first appeared on Cartoq.
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