Car dealer ordered to pay Rs 2L to consumer for harassment, inconvenience defects in new vehicle

The complainant alleged that even after limited use of around 5,500-6,000 km, additional issues such as AC malfunction, vibrations in the cabin and boot, unusual noise and fading of the push start/stop button surfaced. He accused the company and dealers of deficiency in service and unfair trade practices, and sought replacement of the car or complete rectification along with compensation.

On the other hand, the manufacturer, Tata Motors Limited, denied the allegations, contending that the defects were due to external factors and not manufacturing faults. They argued that the complainant had failed to follow warranty conditions and had not produced any expert evidence to establish a manufacturing defect. Also, it is submitted that no expert or laboratory evidence has been produced by the complainant to establish any manufacturing defect, as required by law and supported by judicial precedents.

The dealerships, Berkeley Tata Motors and RSA Motors of Chandigarh, also prayed for the dismissal of the complaint.

After hearing both sides and examining the evidence, the Commission observed, “Although a major manufacturing defect warranting replacement was not proved, the repeated complaints and failure to provide a permanent solution indicated deficiency in service on the part of the dealers.”

Accordingly, the Commission partly allowed the complaint and directed the dealers to pay Rs 2 lakh as compensation for harassment and inconvenience.