The apex consumer commission, while setting aside Maharashtra state commission’s order, has asked Tata Engineering and Locomotive Company Limited and a Tata dealer Concorde Motors Limited to jointly and severally refund the amount of Rs 4,58,853 to Mumbai resident Late Abhay R Bhatwadekar.
The incident dates back to 2006 when Mumbai resident, Late Abhay R Bhatwadekar booked a Tata Indica that was to be delivered on May 15. Until May 26, the car was not delivered.
The complaint details that Bhatwadekar refused delivery of the car owing to it not being in a road-worthy condition, and having electrical problems. The complaint further details that the dealer delivered the said Tata Indica at his premises without Bhatwadekar’s consent.
New car deliveries are by practice carried out at a dealership. No substantial reasons were provided by the manufacturer/dealer regarding why the car was not taken back despite Bhatwadekar refusing to to sign the delivery receipt owing to car defects.
The bench said, “It is not understood as to why the dealer did not follow the regular procedure of taking an acknowledgement at the time of delivery.”
In a written statement, the manufacturer said the Tata Indica vehicle was delivered after undertaking and rectifying minor repairable defects, but Bhatwadekar refused an acknowledgement in writing.
The apex consumer commission has adviced all concerned parties to jointly and severally refund Rs 4,58,853 to the aggrieved. NCDRC noted that the car had been sent to the garage for repairs repeatedly when under warranty and had barely done 2,500 kms.
A bench comprising President R K Agrawal and Member M Shreesha also announced litigation cost of Rs 10,000 in addition to refund amount.”In the absence of any documentary evidence to substantiate that the car was indeed delivered to the complainant (Bhatwadekar), we are of the considered view that there is a deficiency of service on the part of the manufacturer and the dealer,” the commission said.