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Anulika Mishra   05 March 2023

Advice action

Fraud By Arya Tata Motors- I want to file a case against tata motors.

Multiple Concerns-

1- Sold manufacturing defective cars

2- Billing was done under the wrong name wrong month and year RC is also created for June instead of August.

3- when I went to the showroom to take a glance at the car salesman refused to state it is at the warehouse

4- When it was delivered to me it already drove around 80/ 100 km

5- After a month faced brake failure on the day of Dhanteras on the Delhi Gurgaon highway (the service team refused any fault in the car and sent it back to me)

6- The same issue occurred again on 26th December opposite to Sohna bus stand and the car got damaged 

7- on 1st Feb car got a sudden failure opposite tau devi stadium in a few minutes it got started but was not picking up speed, however, at Rajiv chowk flyover it got stopped and after 20 minutes people helped me and found it was not speeding up (I have a video for this incident).

8- on 7th Feb car was driven to the main drop to give the handover to the driver sent to my service centre, even the driver was not able to start the car after 5-10 car had responded 

 

It has been 10 days and the service team has closed my complaint without acknowledging me the car is at their service centre and they are using it to repair it. 

I drove only 2000km as we use it occasionally or only in emergencies. I am not ready to keep the car as it has issues, Tata is forcing me to keep the faulty car but please think if any miss-happening occurs because of brake failure, who takes the responsibility?

 

Requesting you- 

1- Tata Needs to give me an apology letter on the letterhead, mentioning that if any accident, damage, or harm to human life animals or any government or public property due to break failure of the CAR HR72G9092 happens in the future TATA will take the responsibility of that, Manisha Mishra/Anulika Mishra the owner of the car will not found guilty. Tata will bear all the expense and damage responsibility including the owner's life.

 

2-Else get the replacement done and get us a replaced car as the issue is serious and it can impact human life. Or if it forces me to keep the same car then Tata Arya needs to revise the documents they need to give me a new RC that has to be on my billing date on August 31st, in their system the correct name date and billing have to be updated. I need the proper documents in tata's record and the same on paper.

 

3- It has been 10 days since my car is with ANR service centre in Gurgaon, without acknowledgement my ticket was closed by the service team without any reason. If they did not find any issue they should have told me before closing that they are closing the request they should have returned my car, but they kept the car with them and closed my request. May I know why?

 

4- If they want to do some more inspections they should send me an alternate car so I can use it for my day-to-day life and can use it as per my need. My car was filled with CNG and Petrol so if they are using it it is their responsibility to provide me with CNG and petrol cost too. 

 

 

Assurance by tata- They should and need to accept the fault in the car instead of making money from people. Being a civilian they should take immediate action to sort out the issue and assure that anything wrong will be taken care of by them.

 

Assurance by owner-

I will assure you that any accident in my knowledge or by mistake done by my family or me will be borne by me/my family apart from any accident that takes place by brake failure system failure of the car.

 

Resolution required-

 

As my EMI's are going on and this car has an internal issue I would request to please get a replacement done, as this problem can occur at any time and could impact huge losses

 

I am attaching the RC that has the wrong month and date update in it. A video that I recorded with the help of local people who helped me on 1st August is for your reference so you can see that this car has an issue and the TATA team keeps on ignoring it.

 

Please refer to the attached recording of the car failure on 1st Feb, I have also done an online complaint please find the document for the same attached. 

 

I have witnessed as well who have seen me asking for help on the road and people who helped me at the time of the car not responding. One of them is in the video. The video was recorded on his phone as my phone was switched off due to no battery.

 

The car has several other issues- the Safety belt holder is not accurate, the seat adjuster doesn't work, and when you plug the phone into the charger the radio gets started automatically. The indicator has a problem. Its headlights are connected with an indicator so when you give indicator headlights keep on changing too.

 

Please help. I have to pay for a very long time for this car and in starting it is creating this many problems later in future I am not sure what will happen.



Learning

 6 Replies

Advocate Bhartesh goyal (advocate)     05 March 2023

Since your car has multiple defects ( manufacturing defects ) and apart from defects  dealer and manufacturer  had adopted unfare trade practice so file complaint before Consumer Commission and claim replacement of defective car with new one also claim compensation towards mental and physical agony caused to you.

Anulika Mishra   05 March 2023

Sir I am trying to file it online Consumer Commission E-Filing Application (edaakhil.nic.in), but it is not giving me an option for filing a case. 

It is jut giving some PDF documents to read and visit to court. Sir could you please advise any lawyer who can help on this?

T. Kalaiselvan, Advocate (Advocate)     05 March 2023

You have too many issues to be addressed.

You can file a case before consumer court seeking to replace the car or return the purchase amount and other incidental expenses incurred by you due to the defective car delivered to you.

You can claim compensation too for the mental agony you underwent.

You can claim damages for the deficiency in service.

You have to approach a local lawyer and file a complaint before the disctrict consumer commission venting out your grievances and get them redressed accordingly under the provisions of the consumer protection laws.

 

Isaac Gabriel (Advocate)     05 March 2023

Prepare the defects as.a complaint and file at the jurisdictional District Consumer grievances redressal commission with a prayer for replacement and compensation for deficiency of service and legal expensation.

1 Like

Sidhhi   05 March 2023

Are you literate enough to file complaints ? If not you can register your grievances by registered ad post with all necessary documents to Consumer Court of your jurisdiction. Which City and State ?
1 Like

Dr J C Vashista (Advocate)     06 March 2023

Too long a story, it would be better if brief facts / queries would have been mentioned /posted for consideration and obligation of experts on such platform meant for helping needy litigants.

If you are unable to get your consumer complaint registered online, submit it physically or seek professional services of a local prudent lawyer for necessary action / proceeding.

1 Like

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