TATA MOTORS HERITAGE PANCHPAKHADI THANE WEST - Complaint for Delivery of Faulty Vehicle and Unfair Trade Practice by Heritage Motors

I , Raj Bhagat, purchased a new vehicle from Heritage Motors, an authorized dealer of Tata Motors Ltd., with the clear understanding that I would receive a brand-new, defect-free car manufactured in September ****. However, the entire experience of purchase and delivery has been deeply distressing and amounts to clear deficiency in service and unfair trade practice under the Consumer Protection Act, ****.

Despite repeated assurances and discussions, the dealership and its representative, Mr. Pankaj, misled me and delivered a defective and mishandled vehicle. The following points explain in detail how I was victimized:

Wrong Month of Manufacture Vehicle Delivered
I was categorically assured that my vehicle would be a September **** manufactured unit. However, upon inspection, I found that the vehicle provided was manufactured in August ****. This was never disclosed before payment and amounts to misrepresentation and cheating.

Boot Door Misalignment (Manufacturing Defect)
Immediately upon delivery, I noticed that the boot door was unevenly aligned and did not close flush with the side panels. This is a clear manufacturing defect and not a minor adjustment issue. Delivering such a vehicle as “brand new” is unacceptable.

Improper Handling of Vehicle Panel
When I pointed out the panel issue, Mr. Pankaj tried to forcibly punch and tie the panel to make it appear aligned. Such unprofessional handling of a new vehicle further worsened my experience and caused visible marks.

Scratches and Attempt to Conceal Them
The car had visible scratches at multiple locations. Instead of acknowledging this, the dealership staff tried to conceal the defects by applying some cream or wax to mask the damage. This act of concealment amounts to deceptive trade practice.

Poor Cleaning and Delivery Condition
The car was delivered in an extremely poor state. Dust was present in corners and crevices, the brake, clutch, and accelerator pedals were muddy, and there were visible smudge marks across the body. The staff merely rubbed some wax to give it an artificial shine rather than performing proper cleaning and detailing expected for a new vehicle.

Door Visor Gum Residue
The car was handed over with gum from a previously fitted door visor still stuck around the doors. This strongly suggests that the car was either used, refurbished, or poorly maintained before delivery. It cannot be considered brand new in such condition.

Excessive Waiting Time and Mental Agony
I was made to wait for more than four hours at the dealership despite prior scheduling. This delivery was meant to be a birthday gift for my son, with my entire family present to celebrate. The dealership’s negligence and the defective condition of the vehicle ruined our special occasion and caused emotional distress to my entire family.

Delivery Taken Only Out of Good Faith
Initially, I refused to take delivery after observing all these issues. However, as it was considered an auspicious day by my parents, they advised me to take delivery and later pursue the matter with Tata Motors. Additionally, Mr. Pankaj repeatedly pleaded, saying refusal would affect his job. Out of humanity and goodwill, I took delivery late at night. This, however, does not amount to acceptance of a defective vehicle, nor does it relieve the dealership of liability.

Impact and Loss

Due to these acts of negligence, misrepresentation, and deficiency in service:

I have been deprived of using the vehicle since delivery, as it is defective.

I have suffered mental harassment, loss of peace, and emotional distress, particularly as this was meant to be a family celebration.

I have incurred financial loss by making full payment for a product that is not as promised.

Relief Sought

In view of the above facts, I seek the following reliefs from the Hon’ble Consumer Forum:

Replacement of the defective vehicle with a new, defect-free car of the latest manufacturing month as originally promised; or

Full refund of the vehicle cost, along with applicable interest from the date of payment;

Compensation for mental agony, harassment, and loss of enjoyment of the product; and

Costs of litigation and proceedings.