Tata Motors told to replace Harrier or refund Rs 21 lakh over ‘life-threatening’ defect

A Himachal Pradesh consumer commission has directed Tata Motors to either replace a Tata Harrier SUV purchased in 2022 or refund Rs 21.40 lakh with interest, holding that repeated steering and timing belt failures within just 26,000 kilometres pointed to an inherent manufacturing defect.

The ruling came after the vehicle suffered multiple breakdowns, including two highway stoppages that left the owner and his family stranded, prompting the commission to conclude that a consumer cannot be forced to keep a “structurally defective and potentially life-threatening” vehicle.

The bench of president Hemanshu Mishra and members Arti Sood and Narayan Thakur of the District Consumer Disputes Redressal Commission, Kangra, were hearing a complaint filed by Palampur resident Dr Krishan Lal Kapoor against Tata Motors Limited and dealer JKR Motors Private Limited.

The ruling serves as a reminder that repeated warranty repairs do not automatically shield manufacturers from liability when a vehicle continues to suffer from serious defects. (AI-generated image)

“The fact that the vital timing belt assembly failed twice within 26,000 kilometres, coupled with the authorised service station’s own admission of a ‘misaligned timing bracket assembly’, provides an inescapable conclusion. Consequently, relying upon the expert opinion, we hold that the vehicle suffers from an inherent manufacturing defect. Therefore, the complainant cannot be compelled to keep a structurally defective and potentially life-threatening vehicle,” the commission said on June 2.

SUV bought for over Rs 21 lakh

According to the complaint, Kapoor purchased a Tata Harrier XZA+ Dark Edition for Rs 21,40,775.

The vehicle was delivered on May 10, 2022, and later registered in Kangra district.

The consumer alleged that trouble began almost immediately after purchase. Within the first 1,000 kilometres, the SUV started developing prominent knocking sounds and vibrations in the steering assembly.

After he approached the dealer, he was informed that there was a defect in the steering system, and the entire power steering assembly was replaced under warranty on May 30, 2022.

However, Kapoor claimed that similar steering-related issues resurfaced later while driving at highway speeds, despite repeated inspections and servicing.

Timing belt failed twice

The dispute escalated after the vehicle allegedly suffered two major timing belt failures. A timing belt is a crucial part of a car’s engine that keeps different engine components working together in perfect coordination.

It ensures that the engine’s valves and pistons move at the right time so the vehicle runs smoothly. If the timing belt fails, the engine can suddenly stop, leaving the vehicle stranded and potentially causing serious damage to the engine.

The first incident occurred on August 26, 2023, when the SUV suddenly came to a halt on the Hamirpur-Sujanpur highway. Kapoor told the commission that despite seeking roadside assistance, he and his family remained stranded for nearly six hours before the vehicle could be towed.

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The timing belt and associated components were eventually replaced, but the repair process reportedly took around 15 days.

The second breakdown occurred on March 27, 2024, after the vehicle had run only 26,711 kilometres. The SUV again stopped abruptly near Palampur due to what Kapoor described as an identical timing belt failure. The vehicle was returned after repairs on April 9, 2024.

Arguing that repeated failures of critical components in a premium SUV indicated a manufacturing defect, Kapoor sought replacement of the vehicle or a refund.

Tata Motors denies allegations

Tata Motors and the dealership contested the complaint. The dealer argued that all reported issues had been attended to under warranty and denied allegations of persistent steering problems.

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It maintained that driving conditions and usage patterns could influence timing belt failures.

Tata Motors also submitted that the vehicle had already covered more than 30,000 kilometres over two years, which, according to the company, disproved allegations of an inherent manufacturing defect. The manufacturer stated that whenever issues were reported, repairs were carried out free of cost under warranty.

Expert flags ‘repeated failures’

The commission heavily relied on the findings of an independent automobile expert, mechanical engineer Gaurav Singh, whose report examined the repeated failures.

According to the order, the expert noted that a timing belt is a critical engine component that ordinarily lasts between 90,000 and 1,00,000 kilometres under normal operating conditions.

The report found it highly unusual that the vehicle had suffered two timing belt failures before it had even reached 30,000 kilometres.

It further noted that an inspection carried out by Tata Motors between May 1 and May 5, 2024, revealed a misaligned timing bracket assembly.

The expert concluded that this structural misalignment within the engine system was responsible for the repeated premature failures.

The commission observed that the opposite parties failed to produce any equally credible expert evidence to rebut these findings.

Commission rejects Tata’s stand

The bench noted that sudden timing belt failures could bring a vehicle to an immediate halt on highways, exposing occupants and other road users to serious risks.

“The expert has rightly emphasised that a sudden timing belt failure on a highway causes the vehicle to grind to an immediate, unmanageable halt. At high speeds, this not only causes extensive, irreversible internal engine damage but also poses a severe, life-threatening hazard to the occupants of the vehicle and other commuters,” the commission said.

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Rejecting the argument that warranty repairs absolved the manufacturer of liability, the commission observed that consumers purchasing premium vehicles expect safety and reliability rather than repeated visits to workshops.

It further remarked: “Forcing a consumer who spent over Rs 21 lakh to suffer repeated, dangerous breakdowns on highways, leaving his family stranded for hours, and subjecting him to the perpetual fear of an accident due to a misaligned internal assembly constitutes a glaring deficiency in service and an unfair trade practice.”

Replace or refund: Ruling

Holding Tata Motors liable for deficiency in service and for selling a vehicle suffering from an inherent manufacturing defect, the commission directed the company to replace the Tata Harrier with a brand-new defect-free vehicle of the same or upgraded model.

In the alternative, Tata Motors may refund the entire purchase price of Rs 21,40,775, along with interest at 9 per cent per annum from the date of filing of the complaint until payment.

The commission also awarded Rs 1 lakh as compensation for mental agony, harassment and physical discomfort suffered by the consumer and Rs 15,000 towards litigation expenses.

The complainant has been directed to return the defective vehicle upon receiving either the replacement vehicle or the refund amount.

Summing up its findings, the commission said the repeated failures of critical components, coupled with the admitted misalignment in the timing bracket assembly, left little doubt that the SUV suffered from an inherent manufacturing defect and that the consumer could not be compelled to continue using such a vehicle.

Takeaway for consumers

The ruling serves as a reminder that repeated warranty repairs do not automatically shield manufacturers from liability when a vehicle continues to suffer from serious defects.

The Kangra commission made it clear that consumers who spend substantial sums on premium vehicles are entitled to expect safety, reliability and freedom from recurring breakdowns.

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The order also highlights the importance of maintaining service records, documenting complaints and obtaining independent expert opinions where technical disputes arise.

For consumers facing repeated failures of the same component despite repairs, the decision reinforces that replacement or refund can be ordered if evidence shows the defect is inherent rather than the result of normal wear and tear.

Consumers facing similar grievances may contact the consumer helpline in their respective states (Himachal Pradesh contact: 1800-180-8087) or dial the National Consumer Helpline at 1915 for assistance.