TATA MOTORS LTD. Vs. PRASHANTBHAI PREMSHANKAR VYAS

JUDGEMENT

(1.) Counsel for the parties present. This order shall decide both the above detailed cases which were disposed of by the State Consumer Disputes Redressal Commission, Gujarat on 31 -01 -2014. The State Commission held that both the manufacturer -Tata Motors Ltd. -OP3 and dealer Cargo Motors Pvt. Ltd. -OP1 liable for defective car to the extent of 50% each. The State Commission ordered that the entire price of the car in the sum of Rs.4,80,716/ - be paid to the respondent equally by both the above said petitioners/opposite parties.

(2.) The facts germane to this case are as follows. Mr. Prashantbhai Premshankar Vyas, the complainant, purchased a Tata Indigo car in the sum of Rs.4,80,716/ - from the dealer, M/s. Cargo Motors Pvt. Ltd. on 19 -10 -2006. It is alleged by the complainant that problem in the said vehicle started on 10 -01 -2008. It transpired that the vehicle was not starting. He took the same to Jai Ganesh Auto Centre -OP2 which inspected the vehicle and it informed that the vehicle had failed and that was a second hand vehicle. It also found a number of defects. Therefore, a complaint was lodged with the District Forum with the following prayers:

(3.) The defence set up by the opposite parties is that the said vehicle had run upto 14,173 kms within two months. Four services of the car were effected. There was no productive defect as alleged by the complainant. No expert report of the mechanic was filed along with complaint. They contended that they are not liable for the above said defects. Again, during the warranty period the engine was replaced by the manufacturer. As a matter of fact the complainant visited Cargo Motors Pvt. Ltd. and the engine of the car was replaced on the basis of approval of the manufacturer. The car was given delivery to the respondent.