Tata Harrier Owner Gets Relief In Consumer Case : Tata Motors Asked To Replace Defective Car Or Refund 21.4 Lakh
"A consumer buys a premium vehicle for comfort and safety, not to make repeated trips to the repair workshop," the Court observed.
The District Consumer Disputes Redressal Commission, Kangra at Dharamshala, has directed Tata Motors Ltd. to either replace a Tata Harrier SUV found to have inherent manufacturing defects with a new defect-free vehicle or refund the purchase price of ₹21.40 lakh along with interest.
The Commission passed the order while allowing a complaint filed by Dr. Krishan Lal Kapoor, who had purchased a Tata Harrier XZA+ Dark Edition in May 2022 for ₹21,40,775, which suffered two timing belt failures within 30,000 kilometres of driving.
The Commission, relied heavily on the report of an independent mechanical expert, who concluded that the repeated timing belt failures were caused by a misaligned timing bracket assembly within the engine. The expert opined that a timing belt is ordinarily designed to last between 90,000 and 1,00,000 kilometres and that its premature failure could not be attributed to driving habits or road conditions.
The Consumer Commission observed that requiring a consumer who had spent over ₹21 lakh on a premium vehicle to endure repeated and potentially dangerous highway breakdowns, leaving his family stranded for hours and exposing them to the constant risk of an accident due to a misaligned internal assembly, amounted to a glaring deficiency in service and an unfair trade practice.
The order passed by the Commission, comprising Hemanshu Mishra (President), Arti Sood (Member), and Narayan Thakur (Member), observed :
"Forcing a consumer who spent over Rs. 21 Lakhs to suffer repeated, dangerous breakdowns on highways, leaving his family stranded for hours, and subjecting him to the perpetual fear of an accident due to a misaligned internal assembly constitutes a glaring deficiency in service and an unfair trade practice. A consumer buys a premium vehicle for comfort and safety, not to make repeated trips to the repair workshop.
The fact that the vital timing belt assembly failed twice within 26,000 kilometres, coupled with the authorized service station's own admission of a "misaligned timing bracket assembly," provides an inescapable conclusion. Consequently, relying upon the expert opinion, we hold that the vehicle suffers from an inherent manufacturing defect. Therefore, the complainant cannot be compelled to keep a structurally defective and potentially life- threatening vehicle"
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 Rs. 21,40,775. The vehicle was delivered on 10-05-2022.
According to the complaint, the vehicle began developing serious mechanical issues within the first 1,000 kilometres of usage, including knocking sounds and steering vibrations. The entire power steering assembly was replaced under warranty within weeks of purchase. However, similar issues allegedly resurfaced later.
The complainant further alleged that the vehicle suffered two separate timing belt failures, first in August 2023 and again in March 2024, despite having run only 26,711 kilometres. On both occasions, the SUV came to a sudden halt on highways, leaving the complainant and his family stranded. The vehicle had to be towed and repaired under warranty.
Tata Motors and the dealer contested the complaint, arguing that the repairs had been carried out free of cost under warranty and that timing belt wear could be influenced by driving conditions and usage. They also pointed out that the vehicle had covered more than 30,000 kilometres over two years, which, according to them, disproved any inherent manufacturing defect.
Observations of the Commission
The District Commission, in its order, observed that the opposite parties were guilty of deficiency in service for selling a premium vehicle with manufacturing defect that resulted in repeated and dangerous breakdowns. The Commission observed that, despite purchasing a vehicle worth over Rs. 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 OP's 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.
The Commission observed that a consumer purchases a premium vehicle for comfort, reliability, and safety, and not to make repeated visits to repair workshops. Accordingly, it held that the sale of a vehicle suffering from an inherent manufacturing defect amounted to a clear deficiency in service as well as an unfair trade practice. The Commission allowed the complaint and directed OP No. 2 to either replace the defective vehicle with a new defect-free vehicle of the same or an upgraded model, or refund Rs. 21,40,775, along with compensation of Rs. 1,00,000 and litigation costs of Rs. 15,000.
Case Title: Dr. Krishan Lal Kapoor vs JKR Motors Pvt. Ltd.,
Case No: CC No.-318/2024