Kangra Consumer Commission Orders Tata Motors To Replace Defective Harrier SUV Or Refund ₹21.4 Lakh With Interest
The District Consumer Disputes Redressal Commission, Kangra at Dharamshala, comprising Hemanshu Mishra (President), Arti Sood (Member), and Narayan Thakur (Member), has held Tata Motors Ltd. liable for deficiency in service for selling a vehicle suffering from an inherent manufacturing defect. Allowing the complaint, the Commission directed the manufacturer to either replace the defective Tata Harrier SUV with a new vehicle of the same or an upgraded model or refund the full purchase price of ₹21,40,775 with 9% interest from the date of filing of the complaint until realization.
Brief Facts
Dr. Krishan Lal Kapoor, the complainant, purchased a Tata Harrier XZA+ Dark Edition SUV manufactured by Tata Motors Ltd. (OP No. 2) from JKR Motors (OP No. 1) for a total consideration of ₹21,40,775. The vehicle was delivered on 10-05-2022.
Shortly after delivery, when the vehicle had covered only about 1,000 km, the complainant noticed knocking sounds and vibrations in the steering assembly. The opposite parties replaced the power steering gear assembly under warranty on 30-05-2022. However, the issue recurred while the vehicle was being driven at speeds above 80 km/h in October 2022.
The complainant further stated that the vehicle suffered two major timing belt failures shortly after the repairs. The vehicle suddenly broke down on the highway between Hamirpur and Sujanpur on 26-08-2023. Despite seeking roadside assistance, the complainant and his family remained stranded for nearly six hours before the vehicle was towed to NG Automobiles. The repairs, including the replacement of the timing belt and its assembly, took 15 days to complete.
A second belt failure occurred on 27-03-2024, when the vehicle had covered only 26,711 kilometres. The complainant stated that he had purchased a three-year extended warranty for ₹30,000 on 06-11-2023. Despite this, the vehicle again came to a sudden standstill near Palampur due to a similar failure of the timing belt assembly. It was towed the following morning and returned to the complainant on 09-04-2024.
Following the second incident, Tata Motors inspected the vehicle in May 2024 and found that the timing bracket assembly was misaligned. Aggrieved by the continued breakdowns of the vehicle and alleging an inherent manufacturing defect, the complainant filed a complaint before the District Consumer Disputes Redressal Commission, Kangra at Dharamshala, Himachal Pradesh, seeking replacement of the vehicle or refund of its purchase price.
Arguments of the Opposite Parties
JKR Motors (OP No. 1) argued that the timing belt failures were influenced by the complainant's driving habits and that whenever the vehicle developed any defect, it was promptly towed, repaired, and returned to the complainant's satisfaction under the warranty.
Tata Motors Ltd. (OP No. 2) denied any manufacturing defect and submitted that the vehicle had covered more than 30,000 kilometres in about 25 months, which disproved the complainant's allegations. It contended that all reported defects, including the steering assembly and timing belt issues, were rectified free of cost under the warranty and that the second timing belt replacement was carried out purely as a precautionary measure.
Observations & Decision
The Commission observed that the sale of a premium vehicle suffering from an inherent manufacturing defect, which resulted in repeated and dangerous breakdowns, amounted to deficiency in service and an unfair trade practice. It noted that, despite purchasing a vehicle worth over ₹21 lakh, the complainant was repeatedly subjected to sudden breakdowns that left him and his family stranded for hours and exposed them to the constant risk of an accident.
The Commission further observed that the repeated timing belt failures were caused by a structural misalignment of the timing bracket assembly within the engine block, which constituted an inherent manufacturing defect. It rejected the opposite parties' contention that the failures resulted from driving habits or road conditions, noting that a timing belt is a critical engine component ordinarily designed to last between 90,000 and 1,00,000 kilometres.
Emphasising that a consumer purchases a premium vehicle for comfort, reliability, and safety—and not to make repeated visits to repair workshops—the Commission held that selling a vehicle suffering from an inherent manufacturing defect amounted to a clear deficiency in service as well as an unfair trade practice.
Accordingly, the Commission allowed the complaint and directed Tata Motors Ltd. (OP No. 2) to either replace the defective vehicle with a new defect-free vehicle of the same or an upgraded model or refund ₹21,40,775 with 9% interest from the date of filing of the complaint until realization, along with compensation of ₹1,00,000 for mental agony and harassment and litigation costs of ₹15,000. The Commission further directed the complainant to return the defective vehicle to JKR Motors (OP No. 1), the dealer, immediately upon receiving either the replacement vehicle or the full refund amount.
Case Title: Dr. Krishan Lal Kapoor vs JKR Motors Pvt. Ltd.
Case No.: CC No.-318/2024