In a landmark ruling, the district consumer disputes redressal commission of Hyderabad has ordered Tata Motors to refund Rs 16.95 lakh to a Nexon EV owner, Mr. Jonathan Brainard, after his vehicle caught fire last year. The court also directed the company to pay additional compensation, citing manufacturing defects and unfair trade practices.
Background of the Case
The complainant, Mr. Jonathan Brainard, had purchased the Nexon EV due to its reputation as one of India's safest cars, rated 5 stars in Global NCAP crash tests, and for its reliability and comfort. However, within 11 months of usage, the complainant began facing issues, including the car failing to run despite the battery showing an 18% charge and being unable to engage the normal drive mode.
After taking the car to an authorized service center, it was discovered that the HV battery pack was depleted. Although the car was still under warranty, the replacement took over a month, and when it arrived, it was a refurbished battery pack rather than a new one.
The Fire Incident
Twelve days after the installation of the refurbished battery, a fire incident occurred. While driving, the complainant heard a loud noise and lost control of the vehicle, which led to a collision with a motorcyclist before slamming into a tree. A fire broke out, destroying the vehicle. Additionally, the car doors malfunctioned and locked, trapping the complainant inside before he managed to escape.
Tata Motors Response
Tata Motors and the authorized service center argued that the fire was caused by external factors, likely due to the collision or a short circuit caused by the impact. They maintained that the telematics data showed no defects in the battery or other parts of the Nexon EV. According to them, the fire occurred after the collision, and the vehicle, having traveled over 24,000 km in 14 months, was roadworthy.
Court's Ruling
The consumer court sided with the complainant, stating that the Nexon EV had a manufacturing defect and that Tata Motors had engaged in unfair trade practices by providing a refurbished battery. The court ordered Tata Motors to:
Refund Rs 16,95,000, the original cost of the vehicle.
Pay 9% interest on the outstanding amount until the refund is realized.
Pay Rs 2,50,000 for mental agony, physical trauma, and inconvenience caused to the complainant, including compensation for the motorcyclist involved in the accident.
Pay Rs 10,000 as legal costs incurred by the complainant.
This ruling emphasizes the importance of ensuring customer safety and proper service delivery, particularly for electric vehicles. This case sets a strong precedent in consumer protection, highlighting the responsibilities of automakers when it comes to product defects and after-sales service.
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