If you bought the car solely on advertised KWH, you still have nothing to be mad about because you would have had no clue what the motor's power draw was, how much power would be set aside as a buffer, etc.
Just how do you figure that? What is set aside doesn't, nor does the motor's power draw, matter if it isn't there to begin with.
Look at it this way: Tesla charges $3,000 to upgrade from a "85 kWh" battery to a "90 kWh" battery. (The page actually says "Upgrade your Model S to a
90 kWh battery for maximum range. Available as an option on all cars equipped with both all-wheel drive and
85 kWh batteries, this upgrade increases range by about 6%.")
So if in reality the "90 kWh" battery is really only a "85 kWh" battery, like the "85 kWh" battery appears to really only be a 81 kWh battery, then you are
paying $3,000 more to get what they offered you to start with. (They quoted hard specs and didn't deliver them, and from what it appears they knew that they weren't delivering what they promised/sold.)
As much as I don't like it I can only see three options for Tesla:
* Refund people who bought an 85 $3,000.
* Upgrade people who bought an 85 to a real 85 kWh battery. (Put a "90 kWh" battery in.)
* Buy the car back from people who bought an 85.
If the 90 kWh pack isn't really close to 90 kWh, then I'm not sure what option they have right now for people who paid for the upgrade other than a refund/buy-back. (There currently isn't a bigger battery to put in.)
I would really like to see the same data for the 70s and 90s, then we will really know where Tesla is on this whole mess.
Sure maybe they can wiggle out of this some way, but it doesn't seem like it will be easy for them. (And if they do that would mean that the 60 kWh pack should actually be named something different.)