TATA MOTORS LTD. Vs. PRADIPTA KUNDU & ANR.

JUDGEMENT

(1.) This revision is directed against the order of the West Bengal State Consumer Disputes Redressal Commission, Kolkata (in short, "the State Commission") dated 26.05.2015 in Appeal No.454/2014.

(2.) The case of the Complainant is that he was allured by the advertisement issued by the Petitioner to purchase a petrol car Tata Indigo-CS- BGLX-BS4 for Rs.4,28,575/- besides other expenses amounting to Rs.56,396/-. It was stated in the advertisement issued by Tata Motors and Tata Motor Finance that the vehicle would give a mileage of 25 kmpl. The Complainant paid an amount of Rs.2,59,971/- and took delivery of the car on 28.09.2011 after availing finance of Rs.2,25,000/- from Tata Motor Finance, to be repaid in EMI of Rs.7,101/-. The Complainant brought to the notice of the Opposite Parties the shortfall in mileage being given by the car. Mileage test drive was done on different dates and the car could not give the mileage of 25 kmpl as advertised by the Opposite Parties. Several letters were written by the Complainant to replace the car, but in vain. Hence, a Complaint was filed with the District Forum.

(3.) The case was contested by the Petitioner/Opposite Party No.1 denying all the allegations made by the Complainant, apart from questioning the maintainability of the Complaint, that there was no expert opinion, the ARAI certified mileage of 25 kmpl was not for the concerned vehicle and that the Complainant was not the owner of the vehicle, as it was hypothecated to the bank. Opposite Party No.2 also denied all the allegations and stated that the Complainant had bought the vehicle after a test drive and satisfying himself about the car. The shortfall in mileage was attributed to the rough handling of the car and bad condition of the road.