Kolkata District Commission Holds TATA Motors, Its Dealer Liable For Selling Car With Manufacturing Defects Without Due Inspection

Brief Facts:

Susmita Basu (“Complainant”) purchased a Tata Nexon Car from a Tata Motors' authorised dealer, Dulichand Motors Pvt. Ltd. (“Dealer”) for a consideration of Rs. 7,48,998/-. On the day of purchase, she encountered problems with the car's engine, which led to white fog emitting from the vehicle. Despite seeking assistance from one of the representatives of the dealer, the issue persisted. Subsequently, the Complainant filed a written complaint at Shyampukur Police Station, and the car was taken to the dealer's workshop. The technician replaced the Radiator Hose and Coolant and handed over the car to the Complainant on the same day. However, there were several other issues which arose. The Complainant issued a demand notice, seeking replacement of the defective car, but the dealer denied the request. Feeling aggrieved, the Complainant approached District Consumer Disputes Redressal Commission, Kolkata Unit – II, West Bengal (“District Commission”) and filed a consumer complaint against Tata Motors and its dealer.

In response, Tata Motors denied any manufacturing defect or deficiency in service. It argued that the complaint did not fall under the definition of a "Consumer Dispute" as no manufacturing defect was proven. It acknowledged that the Complainant faced issues with the car, but contended that these were due to a malfunctioning clamp, not a manufacturing defect. It emphasized that their vehicles undergo thorough inspections and quality checks.

The dealer didn't appear before the District Commission for proceedings. Therefore, it was proceeded against ex-parte.

Observations by the District Commission:

The District Commission noted that the brand-new car consistently gave mechanical trouble to the Complainant within 2 to 3 months of purchase. It held that such issues were unexpected and not in line with the normal expectations of a new car buyer. It held that Tata Motors being a renowned car manufacturer is not expected to market a car without thorough inspection.

Consequently, the District Commission held Tata Motors and its dealer liable for deficiency in service, negligence, causing harassment, mental pain, and agony to the Complainant. It imposed a cost of Rs. 5,000 on Tata Motors and its dealer. Further, they were directed to replace the defective Tata Nexon Car with a new one within 45 days and pay compensation of Rs. 1,00,000/- jointly or severally, to the Complainant. It also directed them to pay Rs. 30,000/- for the litigation costs incurred by the Complainant.