A New Delhi District Consumer Disputes Redressal Forum has ordered Tata Motors to give Rs. 1.25 lakh as compensation for selling a defective car to a customer. Providing details about the imposed fine, the consumer forum said that the new car did not bring pleasure to the complainant. Instead, it caused considerable inconvenience in the first year of purchase itself. Hence, the fine was levied and the decision went against the automobile manufacturer.
This case had been filed by Khalid Hashmi, a resident of New Delhi, who purchased the car back in July 2004. He claimed that engine and other parts were changed but the problem persisted. Notably, Hashmi had bought a Tata Motors vehicle, but within just one year, the car started creating troubles. Consequently, car's engine and many other parts had to be changed for defects. The complainant furnished work receipts or job cards to substantiate claims made in his complaint. Based on furnished documents, the consumer forum found all claims to be true. It, therefore, said that the issue was in the car itself. The forum termed the car as a defective piece due to negligence in quality checks before its delivery.
A bench presided by C K Chaturvedi, said, “The change of engine and so many parts in a new car is never expected. The complainant has failed to derive any pleasure and satisfaction after purchasing a new car, due to numerous imperfections in the car due to shortcoming of quality checks by opposite party (Tata Motors). The car at this stage in 2013 cannot be ordered to be replaced. Holding opposite party guilty of gross deficiency, we award a total compensation of Rs. one lakh to complainant. We also award a sum of Rs. 25,000 towards litigation expenses.”
Earlier, there was report about Maruti Suzuki getting fined for selling a defective car to one its customers. Back in December 2013, a New Delhi consumer forum had ordered Maruti Suzuki India Pvt Ltd. to pay Rs. 2.25 lakh to the customer for selling a defective WagonR without a quality check. The amount was awarded to the aggrieved buyer for being deprived of the enjoyment and satisfaction that is expected from a new car.
This complaint was filed by a Delhi resident Vikas Khattar who bought a new WagonR in 2007 for Rs. 4 lakh. However, he had to suffer the pain of taking his new car for repairs a whooping 27 times in the first two years. Repairs done to the new car included replacement of different parts, suggesting an issue in the quality check before the delivery. A bench presided by C K Chaturvedi had said, “We find the complainant has been faced with problems in car from beginning due to its imperfect fittings or other similar lack of services and quality check-up before delivery of car..... the repairs (of the car) have gone on for beyond normal maintenance in the last 5 years. "These facts show that complainant's car was defective in assembly line due to lack of supervision or care. Keeping in view the fact that the car is five years old, it cannot be replaced. We award compensation of Rs. two lakh to complainant for loss of enjoyment and satisfaction expected from a new car and for imperfect checking of the car (by Maruti). We allow litigation expenses of Rs. 25,000.”
In reply to allegations, Maruti Suzuki said that the car was properly attended at the service centre. The car parts were replaced free of cost while it was in the warranty period. The company also informed that proper quality checks are done before new cars are delivered to their respective owners.
