PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                             CONSUMER COMPLAINT NO.80/2024

Present-Dr. Ramakanta Satapathy, President,

  Sri. SadanandaTripathy, Member,

Subash Kumar Tibrewal,

S/O- BisandayalTibrewal,

R/O-Tibrewal Lane, BaidynathChowk, Marwari Pada,

Po-Head Post Office, Ps-Town,

Dist-Sambalpur, Odisha.                                                             ……….......Complainant.

Vrs.

1. Lankeswari Motors Pvt. Ltd.

Infront of Bajaj Showroom, Pardhiapali,

Jharsusguda Road, Sambalpur-768004, Odisha.

2. Tata Motors Passengers vehicle Ltd.

3^rd Floor, Plot No.18, Nanavati Mahalaya, Mudhana Shetty Marg Fort,

Mumbai,Maharastra-400001                       ..…....……….Opp. Parties

Counsels:-

1. For the Complainant              :- Sri. S.N.Purohit & Associates
2. For the O.P.No.1                    :- Sri. R.K.Pujari & Associates
3. For the O.P.No.2                    :- Sri. S.K. Mohanty, & Associates

Date of Filing:06.03.2024,  Date of Hearing :03.09.2024,  Date of Judgement :22.10.2024

Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that the Complainant booked a Tata Nexon Fearless car and it was delivered by O.P.No.1 on 01.12.2023 bearing Regd. No. OD 15Y-4579. The sales manger of O.P.No.1 when asked to show the car, he replied the car is in stock-yard and on the next day i.e. 01.12.2023 it was delivered. The vehicle was used on 02.12.2023 & 03.12.2023. On 04.12.2023 the car was in parking. On 05.12.2023 when the Complainant tried to start on dash Board i.e. Transmission Malfunction. The battery level was very low. O.P.No.1 was informed. The service team checked the problem by using another car’s battery. After 10-15 minutes the car started. O.P.No.1 told that car shall be taken for observation purpose on 05.12.2023 job card was issued bearing No. JC-Lankmo-spl-2324004379. When O.P.No.1 was contacted reply was given that they are suspecting problem in music system and HARMAN company has been informed. On 08.12.2023 complaint was made through customer care. Again on 09.12.2023 mail  was sent to replace  the car. The reply was unsatisfactory. On 11.12.2023 the Manager, customer care informed about leakage of current in TCM unit.

Complainant inspected the car and found scratch in chrome part of front left door. The O.Ps agreed to provide new chrome but not complied. Job card was closed without signature of Complaint. The Complainant insisted for an undertaking that no parts other TC Unit have been replaced. After two days, it was found that Mr. Santosh Service General Manager left the job who convinced to take the car based on false promises. The new G.M.(Service) Mr. Narayan told he can not do anything.

On 25.12.2023 again on the road to Karanjia Transmission malfunction messages came in the dash board. New problem arose the car was not moving when shifted from reverse mode to drive mode. On 29.12.2023 car was taken to show-room. The O.P.NO.1 offered an extended warranty for one year w.e.f. 29.12.202. Job card No. JC-LANKMO-SPL-2324-004908 was issued. The ESP unit was replaced along with brake fluid. On 06.01.2024 the Complainant was informed to take the car but by 7PM not delivered. The vehicle was delivered on 08.01.2024 with much dissatisfaction.

The o.P.No.2 customer care Executive advised for a joint test drive as he was not ready to accept multiple manufacturing defects.

On 11.02.2024 another problem arose that the gear box automatically shifted from Drive mode to neutral mode without any manual intervention. The car was around intervention. The car was around 80Km/hr speed. Twice problem faced.

On 11.01.2024 touch screen problem, speaker problem was seen. On 16.01.2024 the C.E.O. of O.P.No.1 said to submit a written complain but no reply was given. Since 01.12.2023 the Complainant is facing different problem relating to the vehicle and professional work has been disturbed but problem not solved.

2. The dealer, O.P.No.1 submitted that on 05.12.2023 job card was issued suspecting drainage of current through music system. Engineer of Harman company not found any problem in music system. There was leakage of current in TCM unit. Complainant refused to take loaner car of any other model except Nexon DCA. No demo car was there of same model for which Harrier car upper model for which Harrier car upper model car than Tata Nexon DCA was provided for use. On 16.12.2023 extended warranty was provided for one year free of cost. On 19.12.2023 the vehicle was taken on good condition after replacement of TCM unit. The Complainant refused to replace the chrome part due to lack of time. Subsequently it has been replaced.

Major problem when reported it has been solved, and ESP unit and brake fluid have been replaced by the service team and problem resolved. On 06.01.2024 on friend of Complainant came to whom it was not delivered. When Complainant came car was delivered. Joint trails three time made and automatic shifting gear box drive mode to neutral mode was noticed. The gear box was replaced. At the time of filing complaint the car was driven 6500 Kms at the time of filing complaint and now 12000Kms without any mechanical problem.

The vehicle comes with 3 years standard warranty and 3 years standard mechanical RSA and all jobs are to be carried out by warranty policy of O.P. NO.2. There is no cause of action and deficiency in service on the part of O.P.No.1.

3. The manufacturer, O.P.No.2 submitted TATA Motors Ltd. has been changed to Tata Motor passenger vehicles ltd.(TMPVL) 3^rd floor. Plot NO.18, Nanavati Mahalaya, Mudhana Shetty Marg, Fort, Mumbai-400001 and prayed for necessary amendment. Amendment is allowed. The B/C is directed to make necessary correction in the cause title.

The O.P.No.2 denied all the allegations. There is no manufacturing defects in the vehicle. For deficiency in service of O.P.No.1, O.P.No.2 is not responsible. Both relationship is principal to principal.

In December 2023 TCU unit was replaced and handed over the vehicle. Complainant sought for 5 years extended warranty, 5 years RSA, free replacement of consumables. On 19.12.2023 took delivery of the vehicle after signing the delivery note. Second time on 29.12.2023 after covering distance if 956 Kms the vehicle ESP unit and brake fluid replaced under warranty. Due to software updatation shifting of reverse mode to drive mode raised. The problem was resolved. When complain of automatic shifting of gear box from driving mode to neutral mode raised, three timetest run made but no such problem surfaced.

There is no deficiency in service on the part of answering O.P.

          09.12.2023 :         Car was handed over after replacement of TCU unit.

          15.12.2023 :         TCU unit replaced but took delivery on 19.12.2023.

          16.12.2023 :         5 years extended warranty 5 years RSA, Tata

Membership free replacement claimed but denied as policy term is applicable.

25.12.2023 :         Faced transmission malfunction again on 29.12.2023, which were resolved through software updatation.

11.01.2024 :         Touch screen problem raised O.P.No.1 can clarify.

                                       The Complainant not produced the car before the appropriate authority and in absence of any report manufacturing defect can not be declared. The Complainant repeated on request refused for joint test drive. At present the car has no any issue. The Complainant is not entitled for any relief as claimed for

4. Perused the documents filed by both the parties. Tax invoice dated 01.10.2023 was issued by O.P.No.1 to-wards purchase of the vehicle for Rs. 14,84,689/- and sale certificate was issued from delivery note dated 19.12.2023 it reveals that TCM was replaced and battery was Ok. On battery issue mail dated 08.12.2023 was issued and the Complainant immediately requested for replacement of the vehicle. The O.P.No.2 and from Sri. Kousik replied to wait for diagnosis. For the repair of the vehicle the O.P.No.1 has made alternative arrangement by providing a higher standard car.

From time to time both the O.Ps have taken all reasonable care and provided service only for that reason till 29.12.2023 the car covered 956 Kms andafter replacement of the ESP and brake fluid under warranty the Complainant has given satisfaction note. Regarding automatic shifting a=of gear box problem has been resolved by updating the software.

The following issues are observed during the trial of the case.

1. The customer has every right to keep his vehicle in right condition and it is the duty of the O.Ps to provide proper service in time. For minor discrepancies/defects the customer is also duty bound to bear with service provider. No any issue found unresolved in this case.
2. During repairing period the O.P.No.1 provided vehicle and hence there is no any deficiency on the part of O.P.No.1.
3. When shifting of gear, touch screen problem etc. arose it has been duly resolved.
4. The O.Ps are bound to obey the standard warranty for three years and 3 years standard mechanical RSA along with all jobs to carry out under standard policy.
5. To prove a manufacturing defect the Complainant has not sort for any expert opinion and accordingly the complaint is not coming under manufacturing defect category.
6. When a new vehicle is purchased it is very common to be acquainted with the system and the issues alleged are minor in nature.
7. The Complainant is not ready for joint trial relating to defects.
8. The service provider has to provide service to other customers also and the Complainant is nota single customer. The Complainant has to bear the pain to get the service and knocking the Consumer Commission can not resolve the issues.

Taking into consideration the circumstances of the case the complaint has not merit. Accordingly, the complaint is dismissed against the O.Ps.

Order pronounced in the open court on 22^nd day of Oct. 2024.

Supply frees copies to the parties.