The order issued by the district consumer commission may be challenged in a higher court due to technical complexities in the case
This case involves a Nexon EV that caught fire in 2023 last year. The complainant, Mr. Jonathan Brainard, a resident of Hyderabad, sought a full refund on the basis that the Nexon EV was defective. After hearing both parties, the Hyderabad District Consumer Disputes Redressal Commission ruled in favor of the complainant.
Allegations made by the complainant
According to the complainant, he chose the Nexon EV because the Nexon EV was rated as one of the safest cars in India in the Global NCAP crash test with a 5-star rating. Additionally, Nexon EV promises optimal comfort, convenience and reliability. While the initial experience was good, the complainant started experiencing problems within 11 months of using the car. The complainant mentioned that the car could not run even if the battery charge was only 18%. Additionally, normal driving mode cannot be entered. This has happened a few times.
At the Tata Motors Authorized Dealer and Service Center, the HV (High Voltage) battery pack was found to be exhausted. A replacement was ordered but took over a month. During this period, owners are asked not to drive their Nexon EV with the battery charge below 50%. When the replacement battery arrived, the complainant was told it was a refurbished high voltage battery pack, not a new battery pack. Since the car was still under warranty, the complainant wanted a new battery pack. But that’s not the case.
The fire incident occurred approximately 12 days after the refurbished batteries were installed. While the car owner was driving, he heard a loud noise coming from somewhere under the car. The complainant panicked and lost control of the steering wheel. The vehicle first collided with a stationed motorcyclist and eventually crashed into a tree. The owner got out of the car and discovered that the fire had started and was spreading. As a result, all other doors on the vehicle malfunctioned and locked. In this incident, the Nexon EV was completely destroyed in the fire.
The other party responds
In this case, the counterparties include Tata Motors, Tata Motors Passenger Vehicles and authorized dealers and service centres. The attorney for the other party stated that the fire in this case was caused by external factors. The cause of the fire is said to have been a short circuit caused by a motorcycle accident or collision. According to telematics data analyzed by the service center, there are reportedly no issues with the Nexon EV’s battery or other components.
Data related to steering wheel movement, speed, braking, etc. indicate that the fire occurred after the collision and was not caused by any defect in the car itself. Regarding the loud noise heard by the complainant, the other party stated that it could be caused by any external reason. It was also noted that the car had traveled more than 24,000 kilometers in approximately 14 months. This showed that the vehicle was roadworthy and free of defects, as claimed by the complainant.
court order
After hearing both parties, the Consumer Court ruled in favor of the complainant. The court held that the car had a manufacturing defect. The court also noted that the other party’s conduct exposed unfair trade practices and service defects. The court has ordered the other party to pay the following compensation.
- Refund of Rs 16,95,000, which is the original cost of the vehicle.
- Interest of 9% is applicable on the outstanding amount until the date of realization.
- 2,50,000/- for causing mental agony, physical trauma and inconvenience to the complainant. The amount also includes medical expenses and compensation paid to motorcyclist V. Balanarasaiah, who was involved in the accident.
- The complainant is required to pay a fee of Rs 10,000.
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