Delhi state consumer commission has directed Tata Motors and one of its dealers in the city to pay Rs 1.93 lakh to a man for selling him a new ‘Indica’ car, which did not function properly.
The commission’s order came on an appeal by Tata Motors and its authorised dealer Mirkana Engeenering Pvt Ltd against a district consumer forum judgement, which had asked them to replace the car with the same model or refund Rs 2.80 lakh to the complainant.
Modifying the district forum’s order, a state commission’s bench of its President, Justice Barkat Ali Zaidi, however, asked Tata Motors and its authorised dealer to pay city resident Pradyot Kumar Singh Rs 1.73 lakh, the cost of the car after depreciation, besides a sum of Rs 20,000 as compensation for “mental agony, harassment and sheer suffering.”
“We have no hesitation in holding that necessity for taking the vehicle (car) to the workshop for such number of times could be attributed to inadequate performance as required of the vehicle sold by appellant (Mirkana Engineering Pvt Ltd and Tata Motors) who claim to provide faultless and perfect service to the customers,” the bench said.
Observing that there was no material on record to prove that the car, purchased by Singh in 2006, had manufacturing defects and modified the January 19, 2011 order of the district forum.
“The appeal is partly allowed and the impugned order dated January 19, 2011 is modified to the extent that the appellants shall pay Rs 1,73,000 to respondent (Singh) being the refund of the price after depreciation,” it said, noting that Singh has been using the car for over five years.
Tata Motors and its authorised dealer had approached the state commission against the district ‘s forum order saying that the car was properly attended in the workshop and the problem, if found any in the vehicle, was rectified without any charge.
