Delhi HC Stays Delisting of Tata Nexon EV from Subsidy List

The Delhi High Court has put on hold the Delhi governments’ move of delisting Tata’s Nexon EV from the subsidy list in the state.

The Delhi government on March 1 had released an order for suspension of Tata Nexon from the state-provided subsidies under the Delhi EV Policy. The suspension had come after users complained of far less range than the  advertised and claimed range of 312 km per full charge by Tata Motors for its Nexon EVs. In its letter to Tata Motors, the government said that a user in Delhi’s Najafgarh had reported that his Nexon EV had “never provided a range more than 200 km”.

However, now the state high court has passed the five-member expert committee set up by the transport department to continue on its work to examine the complaints regarding the performance of Tata Nexon EV. And for now, the government’s order has been put on a stay and a detailed order of the court is awaited.

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Although, Justice Sanjeev Sachdeva in the court’s order stated as per the policy and central motor vehicles rules, the eligibility criteria for grant of the listing is 140 km per charge, and the statutory body Automotive Research Association of India (ARAI) has given a certificate to Tata Motors that the vehicle submitted for testing meets the requirement of 312 km per charge. The court told it is not in dispute that the qualification range of the vehicle is 140 km per charge.

“It is common knowledge that performance of a vehicle would depend on the driving conditions as well as driving capabilities of the driver and the road and traffic conditions,” said the court, adding that the complaint against the vehicle does not from any angle suggest that the minimum range of even 140 km per charge was not met.

Also, citing a single instance doesn’t seem like a good idea anyway, as we have heard numbers ranging from 240 to 260 and even 285 km.

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“The impugned order rather constitutes a committee of representatives from four organizations including the petitioner (Tata) to verify the claim of claimants as well the assertion of the petitioner. This goes on to show that there was no concrete material before the officer when the impugned order was passed,” the order noted.

In acknowledgment of HC’s order, Tata Motors said, “The Honourable Delhi High Court has issued a notice on our writ and granted interim relief by directing a stay against the delisting of Nexon EV from Delhi Government’s eligible list of vehicles. The Honourable High Court has granted time to the Delhi Government to file counter affidavit in the matter.”

Back at the time of the government’s order of suspension, a Tata Motors spokesperson said “it is unfortunate to receive this order from the Delhi Transport Commission. We will continue to engage constructively to protect the interests of our customers. The Nexon EV is the only personal segment EV available in the market today that meets the stringent FAME norms. The range at single full charge (312 km) for the Nexon EV is basis the certification received from the Automotive Research Association of India (ARAI), which is the official body that independently tests all mass-produced vehicles under standard/defined test conditions before they can be offered to customers.”