Earlier this summer, Norway’s Consumer Disputes Commission sided with Tesla Model S P85D owners who claim Tesla has been misleading about the power output of its top-of-the-line model at the time. The authority asked the automaker to pay 50,000 Norwegian Krones (~$6,000 USD) to each Model S P85D owners.

At the time, Tesla told us that they were reviewing the ruling pending a potential appeal, but now owners have moved the issue to the court.

As previously reported, the issue revolved around the way Tesla was listing the power of its motors for the Model S P85D, which has two motors. When first introducing the vehicle, Tesla was marketing the vehicle as having a combined motor output of 691 hp (467 in the back and 224 in the front).

While those are indeed the correct outputs of each motor, the vehicle was never able to achieve those numbers due to several other limitations than only the combined potential output of the motors.

Tesla claimed that they always made it clear that the numbers were for the motors and not the vehicle itself. The automaker also highlighted that it didn’t actually change the actual performance ratings of the Model S P85D, but some owners still felt deceived.

Tesla Communication Manager Even Sandvold Roland again refuted the claims in the new suit in Oslo District Court, according to Dagens Naeringsliv.

The amount requested for the refund is unspecified in the new lawsuit. The 50,000 Norwegian Krones (~$6,000 USD) refund established by the Consumer Disputes Commission was much less than what the owners were requesting. The 126 Tesla owners plaintiffs in the lawsuit could be asking for more money than in the Consumer Disputes Commission ruling, which Tesla didn’t officially appeal or at least refused to confirm it.

The next hearing will be in December.

Interestingly, Tesla’s new Model S P100D surpassed the 691 hp with 760 hp.

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