TATA MOTORS LTD Vs. LACHIA SETTY

JUDGEMENT

(1.) -IT is the say of the complainant Mr. Lachia Setty that he had purchased Indigo LX Euro vehicle from the dealer by paying a sum of Rs. 5,58,913 on 10. 2. 2004. Complainant after taking delivery of the said vehicle found from day one that he was not happy with the performance of the vehicle due to intolerable noise, defect in the clutch system and gear box in the transmission system. Immediately, he brought these facts to the notice of the dealer who did not respond properly. On 28. 2. 2004 the complainant took the car to the garage of the dealer who attended to the said complaint but there was not much change in the said defect. Though the complainant brought the car for repairs 3-4 times job cards were not opened. As the defect of rattling noise from the gear box and clutch persisted on 14. 3. 2004 complainant took car to the dealer's garage wherein the job card was opened and efforts were made to attend to the defect. The vehicle was delivered on 15. 3. 2004 but again the complainant felt that the defects had not been removed. Subsequently, the complainant took the vehicle on 1. 4. 2004, 7. 4. 2004 but there was no improvement. Accordingly, he had no other choice but to surrender the card along with relevant documents. The officers of the opposite parties though admitted the defects noticed in the vehicle, contended that they were rectified and forced the complainant to take back the vehicle. During the test drive the complainant had shown to the Service Manager and Custom Support Officer of the manufacturer about the rattling noise from the gear box and defect in the clutch etc. Accordingly, he had no choice but to surrender the vehicle at dealer's workshop on 21. 4. 2004 and file complaint before the District Forum seeking directions to the opposite parties manufacturer and the dealer to pay a sum of Rs. 7,11,036 together with interest etc.

(2.) THE opposite parties filed a lengthy version denying allegations. The substance of their defence is that the said noise and sound is the characteristic of the vehicle and they have changed pressure plate and releaser bearing free of cost at the insistence of the complainant even though these parts do not suffer from any defect. They contended that there was no manufacturing defect at all. The opposite parties have also extended their helping hand by extending the warranty period for 18 months with an assurance that they will attend to the defects in future also.

(3.) THE District Forum observed that the complainant had taken the vehicle to the workshop of the dealer on many occasions and finally on 1. 4. 2004 who had retained the said vehicle for a week for repairs which speaks of the serious defects in the engine of the vehicle. Complainant took delivery of the vehicle on 7. 4. 2004 but noticed that the irritating noise, rattling etc. persisted. Accordingly, he had surrendered the vehicle along with records of the car on 21. 4. 2004 to the dealer. After assessing the evidence of the case going through the entire record the District Forum was satisfied that there was a defect in the mechanism of the vehicle. Despite repeated complaints and taking the car to the workshop of the dealer the defects were not rectified which amounts to deficiency in service. The District Forum after giving detailed reasoning allowed the complaint in part and directing the opposite parties to replace the vehicle with brand new vehicle Indigo LX Euro and deliver the same within four weeks of the date of the order failing which refund the cost of the vehicle i. e. , Rs. 5,58,913 together with interest @ 10% per annum from 21. 4. 2004 till its realisation along with cost of Rs. 3,000.