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HindustanTimes Wed,24 Sep 2014

State consumer court awards 6-month jail to Tata Motors MD

Shailee Dogra , Hindustan Times  Chandigarh, May 02, 2013
First Published: 21:27 IST(2/5/2013) | Last Updated: 23:37 IST(2/5/2013)

Failing to comply with its orders, the state consumer disputes redressal commission, Chandigarh, has awarded six months' imprisonment to managing directors of Tata motors and Hind motors.

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The orders came while disposing of the execution application filed by Manmohan Lal Sarin, a resident of Sector 4, Chandigarh. Irked over the "contumacious defiance", the consumer commission awarded six months imprisonment to the managing director of Tata Motors Limited, Mumbai, Karl Slym, and managing director Hind Motors Ltd, Chandigarh, Ashish Mohan Gupta. The commission has also directed them to pay a fine of Rs. 10,000 each.

"Keeping in view the unending travails and miseries of complainant Manmohan Lal Sarin, contumacious defiance of the order dated July 6, 2012 with impunity by Tata Motors and Hind Motors and considering the faith of the consumers is not shattered in consumer foras set up for speedy redressal of grievances, they do not deserve any leniency in matter of imposition of sentence," read the order of the consumer commission.

In the execution petition, the complainant said that the dealer as well as the manufacturer failed to give any intimation regarding repairs of the vehicle or even pay the compensation. The complainant alleged that in order to harass him, the company issued a cheque for Rs. 35,000 after expiry of validity of three months, which the complainant refused to accept.

The warrants of arrest are returnable for May 31, 2013. 

The case
Sarin had purchased a Tata Nano car from Hind Motors in May 2010 after paying Rs. 1.40 lakh. The complainant alleged that the said car was defective and unfit for use and thus was sent for repairs soon after purchase and till date was in the custody of Tata Motors.

The consumer commission in its order dated July 6, 2012 had directed the dealer to send the vehicle to manufacturer to get the repairs done to the full satisfaction of the complainant and under the supervision of the panel of experts and obtain their affidavits to the effect that the said vehicle has been fully rectified and made road worthy, along with an extended warranty of one year. The commission had directed that in case repairs are not carried out, the manufacturer and dealer would refund the full price of the vehicle to the complainant. The dealer and the manufacturer were also directed to pay Rs. 30,000 as compensation, along with Rs. 5000 as cost of litigation.

Manufacturer's take
Managing director of Tata Motors Ltd, Mumbai, Karl Slym, in reply to the execution application alleged that the complainant himself was guilty of not obeying orders of the commission and there was no lapse on part of the company. He said that the vehicle had been fully rectified and made road worthy. He added that Tata Motors limited was ready to give extended one-year warranty from the date of repair, but the same could be given at time of delivery. He said that the complaint was not ready to take the delivery, despite repeated reminders.

The company also submitted that they fully complied with the order directing them to repair the vehicle and had even issued the cheque, which the complainant refused to accept.
 
Dealer's take
The managing director Hind Motors Ltd, Chandigarh, Ashish Mohan Gupta, in his reply said the firm was no more the dealer of Tata Motors Ltd since November 20, 2011 and thus they are not competent and authorised to carry out the repairs on behalf of Tata Motors. He added that they had delivered the vehicle to Tata Motors Ltd and thus application should be dismissed.

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