Another real horror strory of buying INDICA & AFTER SALES SERVICE!
Before The Honorable Consumer Disputes Redressal Forum
Ernakulam.
O.P No
of 2001
Dr P C Sunil:
Petitioner
Vs.
1.Tata Engineering and Locomotive Company Ltd;
Passenger Car Division; 26th floor; World Trade Center;
Cuffe Parade;
Mumbai 400005.
2.Benz Motors;
Benz Towers;
Edapally, Ernakulam;
682024.
All the processes and notices to the petitioner may be sent to his
address shown above.
All the Processes and notices to the opposite parties may be sent to
the respective addresses shown above.
Petition filed under Section 12 of the consumer protection act.
Details of complaint: regarding
Deficiency of service
1] Service at 1209 km: As mentioned before, I approached the service
center on the fourth day after purchasing the car at the 225th km not
knowing that my visits would be numerous and without any result at the
end of the day. On the first visit I was told that all defects if any
would be attended to at the first service of the car after the running
in period. By the time the first service was due the problems had
compounded to include abnormal sound from the engine; dashboard;
drive- shaft and gearbox. The engine oil level had gone very low too,
the remedial action taken was replacement of the engine oil and
replacement of crucial valve shims which is usually carried out after
the vehicle has done 50000kms
2] Service at 2817kms: Previous complaints mentioned once again and
the remedial action taken was replenishment of one liter of oil for
which I was charged 99 rupees under the warranty period telling me
that 1 liter of oil is usually consumed in 1600kms which is much above
the prescribed limit once the running period is over. No action taken
for the previous complaints.
3] Service at 3485kms:Previous complaints mentioned along with a new
set of complaints and they were
1.Oil pressure warning lamp glowing at idle speed.
2.Fly wheel inspection cover missing.
3.Knocking sound from engine on acceleration.
4.Rattling sound while running at average speed.
5.Humming sound from AC compressor and engine timing belt.
6.Engine oil leakage.
7.Valve clearance noise
8 Vehicle stalling in 3rd gear.
9 Engine vibrating excessively when hot.
4] Service at 4597kms
1 All the unrectified complaints of the previous service mentioned and
2 Starter slipping on giving the ignition. No remedial action was
taken for any of the complaints.
5] Service at 5049kms
1Previous complaints along with a fresh complaint that the AC was not
working
This was the first instance that they attended the complaint of the AC
by replacing the AC relay.
6] Service at 5486 km: All the previous unrectified complaints
mentioned again.
Remedial steps were replenishment of the engine oil and change of
defective gearbox oil but these steps did not rectify the problems and
at the end of the day no fruitful rectifications were carried out.
7] Service at 7347kms: All the previous complaints along with a new
set of complaints
1.Severe unbearable rattling noise after starting the car from the
clutch assembly.
2.Steering vibration at certain speeds
3.Abnormal tire wear.
4.No 2 speed of AC blower not working
5.Horn not working
The only remedial steps taken were for the horn.
8] Service at 10310kms:Every one of the previous unrectified
complaints mentioned Totaling 12 in all.
Absolutely no remedial steps taken.
9] Service on 3rd Feb 2001: All complaints mentioned again but no
action was taken stating that all was perfectly normal.
10] Service at 11336 kms: All the complaints mentioned again and this
was the first time that they took serious note of my complaints. By
then I had lost my patience and had approached the head office of
Telco and had written to Ratan Tata. This time they attended to the
complaints on a war footing
11] Service at 14917kms:Every single one of the previous complaints
resurfaced along with a few new ones and they were 1. Glass winders
became tight.
- Fuel gauge faulty.
12] Service at 15394kms: By now I had got fed up of giving the same
complaints over and over again and had decided to approach the
consumer court for redressal of my predicament. The opposite parties
did not seem to be in the least bit interested in servicing the car as
they had got wind of the fact that I MIGHT approach the court.
13] Service at 16092kms:A major complaint of coolant leakage was
reported. The remedial step taken was the horrendous use of glue and a
paper cutting to stop the leak one of the most dangerous steps taken.
The end result was that the leak continued. This step alone shows the
haphazard way that work is done at the workshop. By now all the
patience I had; had reached the limit and I had decided by then to
definitely approach the court.
14] Service at 16680km: About 520km later I again approached them with
the same set of complaints along with a brand new one of the sound of
the body structure making a cracking noise due to improper welding at
the factory level .I also bought it to their notice that coolant was
leaking from the glued up area of the cars cooling system.
The remedial steps taken were;
1.The body was spot-welded thereby weakening the metal superstructure.
2.Valve clearance was found altered and hence they opened the engine
up once again and changed the metal shims
3.AC control panel being stuck with instant glue was replaced.
4 They once again used glue to arrest the coolant leak.
5.Lubrication was done of the window winder and was promised of a
replacement at the repeat of the complaint
- All other complaints were deemed to be frivolous and were not
attended too. I wish to mention here that the car was now becoming
unsafe to drive. On my trip to Salem the coolant leak started once
again courtesy of the paper cutting and glue forcing me to limp back
home in a thoroughly dangerous car having to stop every 100 km to fill
the water into the coolant reservoir.
15] Service at 18700kms: I made an emergency complaint at this service
as the coolant was leaking excessively from the same area which was
glued; about which I had complained thrice already. The right side
window had become extremely difficult to operate after their last
attempt at repairing it.
16] Service at 18862kms: Just 162 km later I again approached them
with the previous unrectified complaints along with a new horrendous
one of severe clutch slippage and loose weld joints.
Remedial step taken was the replacement of the clutch plate a second
time within 19000kms.
17] Service at 20440kms:At this service I told the service engineer
very clearly that I would be approaching the court if my complaints
were not rectified comprehensively. To refresh your honorable judges
memory
The remedial steps taken were half hearted to say the least even after
threatening to take them to court.
1.Gear Box oil was replaced which rectified the hard to engage reverse
gear.
2.Flywheel ring was replaced which rectified the starter slip problem.
3.Wheel cylinder assembly was replaced, for what I still cannot
fathom.
In the present circumstances the petitioner has no other option than
to approach the Honorable forum with a humble prayer for the following
reliefs.
Relief:
a] Direct the opposite parties to
reimburse Rs 329633.00 along with interest of
12% up to the date of final payment.
b] Grant a compensation of Rs 100000.00
for the mental agony and loss of practice and the inability to use the
car for its intended purpose.
c] Grant such other and further reliefs,
as the honorable forum deems fit and proper in the circumstances of
the case.
