Chandigarh

DF-II

CC/665/2017

Harish Kumar - Complainant(s)

Versus

Tata Motors Limited - Opp.Party(s)

Dhawal Bhandari Adv.

20 Sep 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	665 of 2017
Date  of  Institution	:	04.09.2017
Date   of   Decision	:	20.09.2019

 

 

 

 

Harish Kumar son of Maya Devi, Residence of #8, Vikas Nagar, Mauli Jagran, Chandigarh

   

             ……..Complainant

 

Versus

 

1]  Tata Motors Limited, Head Office Address – Bombay House, 24, Homi Mody Street, Fort, Mumbai 40001 through its Authorised Representative.

2]  Tata Motors Limited, Regional Office Adress – SCO 364, 65, 66, Second Floor, Sector 34-A, Chandigarh 160034 through its authorised representative.

3]  RSA Motors Private Limited, Registered Office: - Plot No.24, Industrial Area, Phase-1, Chandigarh 160002 through its authorised representative

4]  Berkley Tata Motors [Dynamic Motors – Unit of RSA Motors Pvt. Ltd.] Registered Office :- Plot No.24, Industrial Area, Phase-1, Chandigarh 160002 through its authorised representative.

5]  Tuli Motors Private Limited, Address: B72/4, Ring Road, Wazirpur Industrial Area, New Delhi, Deli 110052, through its authorised representative.

 

………. Opposite Parties

 

BEFORE:  SH.RAJAN DEWAN            PRESIDENT

SMT.PRITI MALHOTRA        MEMBER

            SH.RAVINDER SINGH         MEMBER

 

Argued by :

Sh.Dhawal Bhandari, Adv. for complainant.

Sh.Shivam Grover, Adv. for Opposite Party No.1

Opposite Parties No.2 & 5 exparte.

Sh.Sandeep Jasuja, Adv. for OPs No.3 & 4.

 

PER RAVINDER SINGH, MEMBER

 

         Briefly stated, the complainant purchased Tata Tiago Car from Opposite Party No.3, manufactured by Opposite Party No.1, on 19.12.2016 for an amount of Rs.5,61,611/- (Ann.C-1) and got it registered vide Regd. No.CH-01BK-7456.  It is averred that on 20.3.2017 when the complainant reached New Delhi at about 12:15 PM, suddenly the said vehicle stopped randomly, did not start despite efforts, as such OPs were called and vehicle was towed to Tuli Motors, Delhi, but there the technician thereat could not find out the fault, so it was left there. Thereafter, the technician of Tuli Motors told the complainant that the problem in the vehicle is with regard to Bad or Failing Engine Control Module (ECM) and it will take 5 to 6 days to rectify it (Ann.C-5), but on request, they rectified the defect and handed over the car to the complainant by the next day.  Then on 23.3.2017 the said vehicle was driven to Chandigarh and taken to Berkley Tata Motors (Dynamic Motors) for the problem of Gear Lever/Gearshift [grinding/noise issue], who told that it will take some time.  It is stated that on 18.5.2017 when the complainant took the said car for 2^nd Service to Opposite Party No.4, the same problem of Gear Lever/Gearshift [grinding/ vibrations/noise issue] was reported to it, but due to non-availability of spare parts on that day, the Opposite Party No.4 finally rectified the said fault of gear-lever on 2.6.2017 (Ann.C-6).  It is submitted that the complainant was shocked to notice that even after replacement/repair of defective part, the said problem of Gear Lever/Gearshift did not resolve and remains the same as it was and apart from that, another problem with regard Air Conditioning system of the car occurred, which too was reported to OPs No.3 & 4, but they did not pay any heed. It is further submitted that in the first service, the complainant faced problem of LED lights/Roof Lights and many other, but those were somehow rectified by Opposite Parties  (Ann.C-7).  It is stated that from the day one to till date the said fault of Gear Lever/Gearshift [grinding/ vibrations/noise issue] has not been rectified by the Opposite Parties and the complainant is forced to drive the said vehicle with said fault.  The complainant also sent a legal notice to the Opposite Parties (Ann.C-8), but to no avail.  Hence, this complaint has been filed alleging the said act & conduct of the Opposite Parties as gross deficiency in service and unfair trade practice, due to which  the complainant suffered mental agony, harassment and financial loss. 

 

2]       The Opposite Party No.1 has filed the reply stating that the cars and the vehicles manufactured by Opposite Party No.1 pass through stringent quality checks and road trials before the actual commercial productions starts and the cars and vehicle are marketed only after being approved by Automotive Research Association of India (ARAI). It is stated that the cars & vehicles manufactured at the plant of Opposite Party are also thoroughly inspected for control systems, quality checks and test drive before passing through factory works for dispatch to authorised dealers. It is submitted that the complainant did not hire the service of the answering OP and that the relationship between the OP No.1 and other Opposite Parties is on principal to principal basis and as such, the answering OP cannot be held liable for any act or omission committed by other OPs.

         It is submitted that as per record, the vehicle was brought on 21.3.2017 at the workshop of Tuli Motors with Engine Starting Problem.  The vehicle was inspected and EMS & ECU was replaced under warranty and the vehicle was ready for delivery on 22.3.2017.  It is also submitted that as per record, the said vehicle was brought on 2.6.2017 with complaint of gear lever rattling and gear shifting hard.  After inspection, assy. Gear shift housing and assy. Gear shift cable were replaced under warranty and vehicle was delivered back to complainant. It is denied that the vehicle was reported with Air Conditioning problem.  All other allegations have been denied with a prayer to dismiss the complaint.

         Opposite Parties No.2 & 5 did not turn up despite service of notice, hence they were proceeded exparte vide order dated 11.10.2017 & 13.8.2019 respectively.   

         The Opposite Parties No.3 & 4 have filed joint reply and while admitting the factual matrix of the case, stated that the complainant, as her his own pleadings, approached the answering Opposite Parties on just two times i.e. on 18.5.2017 and 2.6.2017 only.  It is stated that on his said visits, the complainant was properly attended to, his complaint regarding Gear Lever vibration was taken care of by making adjustments and then finally on replacing the Gear Housing on 2.6.2017, the vehicle of the complainant was totally rectified.  It is stated that thereafter, the complainant never raised any complaint by bringing his vehicle or through any correspondence or other mode.  It is stated that the complainant in order to make a ground for claiming compensation has raised frivolous issue that his vehicle was not properly repaired. It is also stated that in response to legal notice of complainant, he was requested to bring the vehicle so that the problem, if any, in the vehicle could be rectified, but he did not.  It is submitted that as per repair record of last visit of the vehicle of the complainant, it had run 14324 Kms, when it came for repair of accidental damage.  It is denied that there is any risk in running the vehicle as the said repair record would show that on last two visits of complainant to workshop, he has not lodged any complaint regarding gear lever/vibration problem etc. (Ann.R-3/2). Denying all other allegations and pleading no deficiency in service, the OPs No.3 & 4 have prayed for dismissal of the complaint.  

 

3]       Parties led evidence in support of their contentions.

 

4]       We have heard the ld.Counsel for the parties and perused the entire evidence on record.

 

5]       The complainant purchased Car Tata Tiago XZ Diesel on 19.12.2016 and the said car stated to have suddenly stopped and not started on 20.3.2017 while the complainant was on the way to New Delhi. The technician came at the spot, checked the vehicle, but in failing to rectify the fault, took the car at M/s Tuli Motors (Authorised Dealer), New Delhi where after needful checkup & repair, the complainant took the car on 21.3.2017 and reached back at Chandigarh. 

 

6]       The complainant took his car to the workshop of Berkley Tata Motors, Chandigarh (an authorised dealer)/Opposite Party No.4 on 23.3.2017 where the problem of Gear Lever/Gearshift [grinding/ vibrations/noise issue] was attended and after needful repair, the car was delivered back to the complainant on the same day.

 

7]       The complainant in his complaint has stated that repeatedly he took his car to the workshop of Opposite Parties on being not satisfied with the Gear Lever/Gear Shift grinding noise and loud voice in the Gear Box, but the fault could not be repaired to his full satisfaction. 

 

8]       The Opposite Parties NO.3 & 4 in their reply have stated that the complainant came to their workshop on 18.5.2017 & 2.6.2017 and was properly attended to.  The Gear Housing Assembly stated to have been replaced by the Opposite Parties on 2.6.2017 and found the vehicle in properly roadworthy condition having no unreasonable noise from the Gear Box. It is stated by OPs No.3 & 4 that the car of the complainant is running fine without any vibration and all the grievances of the complainant regarding his car, was redressed in time in a proper way. The Opposite Parties No.3 & 4 in their reply have stated that the vehicle had run 7719 kilometers as on 2.6.2017 when the Gear Housing Assembly was changed. It is also stated in the reply of OPs filed on 24.11.2017 that as per their record of last visit of the vehicle of the complainant, vehicle had run 14324 Kms. when it was repaired for accidental repairs.

 

9]       During the arguments on 17.9.2019, the complainant present in person before the Forum admitted that the car in question had run 38000 kilometers (due to typographical mistake it has been mentioned as 3800 kms.)

 

10]      The complainant had purchased the car in question on 19.12.2016 and till 17.9.2019 i.e. for about 3 years, the car had run 38000 kilometers, which indicates that the car did not have any major or serious issue or mechanical fault.  The problem of noise or vibration in the Gear Box appears to have been projected out of proportion, in an exaggerated manner, just to get sympathetic consideration of this Forum in adjudication of this matter regarding the contentions as projected in the complaint by the complainant.

 

11]      The Car Tata Tiago XZ is fitted with Revotorq 1.05L Diesel Engine, which is quite powerful engine and is bound to generate some extra noise and vibration in the car while putting the ignition on and start the engine. It is a known fact that Diesel Engines have little more noise feelers in the vehicle in comparison to petrol and CNG based vehicles. 

 

12]      The National Green Tribunal, New Delhi as well as the Hon’ble Apex Court, has taken a very serious view of the unprecedented hazardous pollution caused by Diesel vehicles especially in NCR Delhi.  The Hon’ble National Green Tribunal, New Delhi, has observed that emission from Diesel vehicles were carcinogenic. One diesel vehicle causes pollution equivalent to 24 Petrol vehicles or 40 CNG vehicles.  The Hon’ble National Green Tribunal had ordered to stop running of diesel vehicle of more than 10 years and petrol vehicle more than 15 years old.

 

13]      The car in question bearing Regd. No.CH-01BJ-7456 of the complainant, on his request, was referred to Mechanical Engineering Department, Punjab Engineering College, Chandigarh for mechanical inspection. Prof.Ankit Yadav, Assistant Professor, Mechanical Engg. Deptt., Punjab Engineering College, Chandigarh vide his Report dated 16.10.2018 intimated to this Forum to the following effect:-

‘The vehicle having registration no.CH01BK7456, Engine No.1.05LCR02KTYW16430, Chassis No.MAT626184GKK41298 was presented for inspection on 16.10.2018.  The vehicle in question was inspected and test driven for 29 kms. 

          On perusal of records, inspection and test drive the committee is of the opinion that the vehicle in question is having problem during gear shifting.  The problem of vibration and noise during gear shifting was also observed. As informed by the complainant that this problem pertains since purchase of vehicle the same can be attributed to a manufacturing defect.”

14]      The observation of Punjab Engineering College, Chandigarh in its report are general in nature and has not pointed out any particular & specific mechanical fault or defect in the car in question, which may amount to manufacturing defect in the vehicle. As discussed in the preceding paragraphs, the diesel vehicle with Revotorq engine, are not so smooth in its working & running while on ignition, which propels more vibration & noise in comparison to petrol vehicle and thus it cannot be termed as manufacturing defect in the vehicle. 

 

15]     The instructions regarding proper use of the vehicle and to ensure optimum efficiency, it has been specified in the ‘Owner’s Manual’ :- 

 

“Do not carry any unnecessary weight in the vehicle as it overloads the engine.

Avoid using devices requiring high power consumption during slow city traffic condition.

Monitor the vehicle’s fuel consumption regularly and if showing rising trend get the car immediately attended at the Company’s Authorised Service Outlets.

Switch off the engine during long stops at traffic jams or signals. If you need to keep the engine running, avoid unnecessary revving it up or stopping and starting.

It is not necessary to rev up the engine before turning it off as it unnecessarily burns the fuel.

Shift to higher gears as soon as it is possible. Use each gear upto 2/3rd of its maximum engine speed.”

 

         The smooth running of the vehicle depends on the personal care and efficiency of its user. 

 

16]      Keeping into consideration, the facts & circumstances of the case, as discussed in preceding paragraphs, the present complaint being devoid of any merit, is hereby dismissed. No order as to costs.

          Certified copy of this order be sent to the parties, as per rules.

Announced

20^th September, 2019                                                            

Sd/-

 (RAJAN DEWAN)

PRESIDENT

                                                                                               

Sd/-

                                                                    (PRITI MALHOTRA)

MEMBER

 

 

Sd/-

(RAVINDER SINGH)

MEMBER