^{DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,}

^{U.T.CHANDIGARH}

^========

M/s Talwarsons Jewellers, SCF No.14-15, Sector 22-D,Chandigarh, through its Partner, Mr.Anil Talwar.

^{…..Complainant}

1.                  BMW India Private Limited, DLF Cyber City Phase 2, Building No.8, Tower B 7th floor, Gurgaon, Haryana-122002.

2.                    Krishna Automobiles, 125, Industrial Area, Phase I,Chandigarh 

3.                    M/s ICICI Lombard General Insurance Company Ltd., Interface Building No.11, 401/402, 4th floor, New Link Road Mala (W), Mumbai – 400064.

4.                  M/s ICICI Lombard General Insurance Company Ltd., Regional Office, SCO No.533 & 534, 1st floor, Sector 70, Mohali.

^{……Opposite Parties}

QUORUM:                                                                                                           

For Complainant :Sh.B.J.Singh & Sh.Amit Singh Sethi, Advocates.

For OP No.1 :    

For OP No.2 :    

For OPs No.3 & 4 :  

^{PER P.L.AHUJA, PRESIDENT}

1.                       Chandigarh

2.                       ChandigarhIndiaChandigarhIndia

(a)                    

(b)                    

(c)                    

(d)                    

3.                        ChandigarhChandigarh 4.                           

5.                       

6.                       

7.                       

8.                       

9.                       

10.                    Hon’ble Apex Court

11.                     

12.                    

13.                    

14.                    Chandigarh Delhi15.                    

16.                    Co.Chandigarh

17.                     According to him, water firstly entered when the car was driven through the flood water on the roads and secondly when the complainant tried to restart it. After opening the engine, it was found that due to rain water ingress the engine had a hydrostatic lock, the pistons and rods got bent and broken and the same needed replacement. This expert evidence of OP No.2 has not been rebutted by the complainant by filing a rejoinder or any expert witness of its own. Hence, it is established that due to rain water ingress the engine of the car of the complainant had a hydrostatic lock.

18.                    

19.                     

20.                    

21.                    The copy of email message dated 17.9.2011 Annexure B from OP No.2 to the complainant shows that during investigation it was found that engine was damaged due to water ingress and for further inspection needed to be dismantled to ascertain the cost of repair. As per Surveyor, this loss was not covered under insurance policy as it was a static lock case. Hence, the complainant was requested to give its approval to proceed further with the repair. The complainant vide email message dated 28.9.2011 at page No. 30-C of the complainant’s documents asked OP No.2 to start the work on car. It is worth noting that certain photographs Annexure C (Colly.) were taken upon dismantling of the engine and these photographs also show the ingress of water in the engine.

22.                    

“Driving through water

Drive through water only to a max. depth of 30 cm, approx. 1 ft., and no faster than walking pace, otherwise the engine, electrical system and gearbox may be damaged.”

Annexure R-3 in respect of wading reads as under :-

“If the water is calm drive no faster than walking speed, approximately 10 km/h, 6mph and only up to a maximum water depth of approximately 25 cm, 9.8 inches.

Pay attention to the water depth and your speed.

Do not exceed the water depth and walking speed, as otherwise the engine, electrical system and transmission could be damaged.”

In the instant case, it is proved from the documentary evidence that there was a sudden heavy downpour of rain on that date inChandigarh. We find sufficient force in the contention of OP No.2 that the complainant did not follow the instructions in the owner’s manual. It is not the sub merging of the engine of the car, which causes ingestion of water into the engine. If the person drives a car at a fast or even normal speed of 40 to 50 Kms per hour, the tyres splash water into the engine from inside. The cars and moving vehicles splash water on the nearby cars, which reaches right upto the window level. The air filter, which is at a lower level than the window can ingest water from the inside splash of tyres and after the water goes straight into the engine hydrostatic locking of the engine takes place instantly. When the car stops all of a sudden it is a natural impulse of the driver to restart the car once, twice or more times and it is at that movement when the intake also sucks water straight into the engine and instant hydrostatic locking occurs inside the engine. In the instant case, since the connecting rod also bent it shows that the vehicle operator started the engine after stranding in flood water.

23.                   

24.       

25.       

26.       

27.       

i)                        

ii)                       

iii)                      

28.       

29.