Susmita Basu, the complainant, purchased a new Tata Nexon from Dulichand Motors Pvt. Ltd., an authorized Tata dealership, for around Rs 7.5 lakh. On the day of purchase, she noticed issues with the vehicle, including white smoke emission from the engine. Despite attempts by the dealership and service center to address the problem, it persisted. After filing a complaint at Shyampukur Police Station and returning the car to the workshop, where the radiator hose and coolant were replaced, the issues continued.
Facing ongoing problems, Basu requested a replacement from the dealership, which was denied. Subsequently, she filed a complaint against Tata Motors and the dealer. Tata Motors argued that there was no manufacturing defect, acknowledging only a malfunctioning clamp. The dealer did not appear in court, leading to proceedings against them ex-parte.
After reviewing the case, the court determined that the new car experienced mechanical issues just 2-3 months after purchase, causing mental distress to the customer. The court found Tata Motors and the dealer liable for deficiency in services and negligence. It imposed a cost of Rs 5,000 on both Tata Motors and the dealer, ordering the manufacturer to replace the defective Nexon with a new one within 45 days. Additionally, a compensation of Rs 1 lakh, along with Rs 30,000 in litigation charges, was awarded to the customer.