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August 19, 2011

UT consumer panel puts Tata Motors on notice

Car poorly manufactured and suffers from numerous patent and latent defects: Complainant

Chandigarh, August 18
Tata’s small car Nano is heading for a big legal battle. Sliding down the popularity chart, Nano’s already mangled image today received a direct hit after the UT State Consumer Disputes Redressal Commission put Tata Motors on notice.

In fact, Tata Motors and Hind Motors Limited have been virtually hauled up before the Consumer Commission on a complaint alleging gross deficiency in product and service.
In his complaint filed before the commission, Punjab and Haryana High Court’s senior advocate Manmohan Lal Sarin has asserted that the vehicle, still within the warranty period, “has been poorly manufactured and suffers from numerous patent and latent defects”.
Sarin has said the vehicle was sold to him “in a condition which rendered it unfit for use and it still remains unusable till date”. Sarin said he was “swayed” into buying the car “by the lofty promises”. Though he owned a Mercedes Benz, a Chevrolet Cruze and a Volkswagen Polo, he booked a Tata Nano on April 20, 2009, and paid Rs 1.4 lakh in advance for the vehicle.
“But right from the inception, the car has proven to be defective, unreliable, unfit for use, unsafe and far from the claims made by the opposite parties at the time of sale”. Sarin asserted that the car had to undergo repairs since the day of sale for steering and headlights trouble. Its wipers and air- conditioning regulator were not working and the accelerator cable assembly, along with the accelerator cable, had to be changed. The coolant leaked and the radiator had to be removed, repaired and re-installed in the car. Overheating was another problem.
In fact, “upgradation” had to be carried out as “an emergency remedial measure owing to the detection of certain extremely serious flaws in the design of the car”. Sarin said he was informed that all the cars were being recalled for similar “upgradation”. Some of the defects, Sarin said, were “highly dangerous and could have easily resulted in a fatal road accident, even loss of life of the occupants or other road users”.
“The failure of critical assemblies like the accelerator cable in any vehicle is sure invitation to a fatal accident. Similarly, the persistent and recurring overheating, resulting from mechanical failure, leakage of coolant from the radiator etc was most likely to result in a fire or complete destruction of the engine sooner or later.” Seeking exemplary damages as well as a complete refund for the un-roadworthy and highly unsafe vehicle he was sold, Sarin has added “the only response received by him to his multiple letters and requests for redressal has been lip service”.
Little Nano in big trouble
  • Camplainant says car had to undergo repairs since the day of sale for steering and headlights trouble
  • Its wipers and airconditioning regulator were not working; the accelerator cable assembly had to be changed
  • The coolant leaked and the radiator had to be removed, repaired and re-installed
  • Overheating was another problem
  • Some defects were “highly dangerous and could have resulted in a fatal road accident”

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