D.O.F:18/10/2014
D.O.O:30/06/2022
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION KASARAGOD
CC.No.227/2014
Dated this, the 30th day of June 2022
PRESENT:
SRI.KRISHNAN.K :PRESIDENT
SRI.RADHAKRISHNAN NAIR.M : MEMBER
SMT.BEENA.K.G : MEMBER
Sri. Sijumon Thomas, S/o Thomas
Mulakkal House, Plachikkara,
Plachikkara P.O, Kasaragod District : Complainant
Pin -671533
And
1. Maruti Suzuki India Limited,
1, Nelson Mandela Road,
Vasant Kunj, New Delhi – 110070
(Adv: K.A. Nazir)
2. Indus Motors Pvt. Ltd, : Opposite Parties
Authorized Dealer of Maruti Suzuki India Limited
Kanhangad, Kanhangad P.O 671315
ORDER
SRI.RADHAKRISHNAN NAIR.M : MEMBER
The complaint is filed under section 12 of the Consumer Protection Act, 1986 (as amended)
The facts of the case in brief is that the complainant purchased a Maruti Ertiga ZDI BS IV model vehicle car manufactured by Opposite Party No. 1, from Opposite Party No. 2 on 10-05-2012. The Vehicle has been registered with No. KL 60 E 1101. The Vehicle was met with an accident on 19-04-2014, by hitting with a bus and Mr. Prince, who was driving the Vehicle seriously injured at his forehead. At the time of the accident the air bag behind the passenger's side of the dash board inflated. But the air bag behind the center pad of the steering wheel was not inflated. The vehicle was met with severe frontal collision. It is submitted that if the air bag behind the center pad of the steering wheel was inflated at the time of accident, Mr. Prince would not have been injured.
The front air bags are designed to inflate in frontal collision and thereby to protect the front seat passengers and driver from injuries and during accidents the airbags must be inflated quickly and force fully in order to protect the passengers from fatal injuries. It is stated that the non inflation of the air bag behind the center pad of the steering wheel is due to the manufacturing defect of the air bag system in the vehicle. The complainant particularly purchased this model vehicle since it has air bags, by paying additional amount. It was as influenced by the Opposite Party No. 2, who elaborately described the benefits of air bags. If the Opposite Party No. 2 had pre-checked or inspected the vehicle properly before delivery, the defects in the air bag system would have been found and could be rectified or replaced. Due to non inflation of the air bag behind the center pad of the steering wheel, Mr. Prince who drove the Vehicle had sustained severe injuries on head. The accident was just 2 days before his engagement and he had to go for engagement with bandage and thereby got ashamed at the function. Both the Opposite Parties cheated the complainant by giving a Vehicle which is fitted with a defective air bag system. The complainant issued a Lawyer's notice to Opposite Parties demanding compensation and replacement of the Vehicle. The Opposite Party No.1 issued a false reply in which it was stated that non inflation of the air bag was due to tampering of wiring harness and not due to any manufacturing defect which is baseless.
There is service deficiency on the part of Opposite Parties and both the Opposite Parties are liable to compensate the complainant. After the accident the vehicle was repaired at the service center of Opposite Parties run by Popular Vehicles and services Ltd., Kanhangad. The non - inflated defective air bag system were not repaired or replaced since the factory fitted air bag system was not worked properly during the accident. The complainant lost trust over the air bag system in the Vehicle.
Hence this complaint is filed for a direction to the Opposite Parties to replace the vehicle with a new one or to pay Rs.5,00,000/- on account of the delivery of a vehicle fitted with defective air bag system and to pay Rs.2,00,000/-for injuries and mental agony and costs.
The Opposite Parties entered appearance through their counsel, who filed written Version.
As per the version of the Opposite Party No.1, the complaint is false, frivolous, vexations and not maintainable at law.
The Opposite Party No.1 admits the purchase of the Vehicle by the complainant on 10 .05.2012 but the warranty of the Opposite Party No.1 concluded up on 40,000 kms, and the vehicle had covered in the month of April 2013 only. At present the Vehicle had covered more than 85,000 kms. The allegation of the accident on 19.04. 2014 are matter of records and rest of the contents are denied for want of knowledge .The air bag system in the car was in perfect ok and working condition since the air bag located behind passenger's side dash board was duly inflated .The vehicle in question was inspected by the expert service engineer of Opposite Party No . 1 on 19.05.2014, for the alleged problem of air bag of steering wheel not inflated. During the inspection, the wiring has been found tampered at different places in the vehicle and due to tampering of electrical wires, the air bag wiring was found tampered / disturbed and due to the same air bag was not deployed. It was not attributed to any kind of manufacturing defect. Non inflation of the air bag was due to tampering of wiring harness and not due to any manufacturing defect.
There is no service deficiency on the part of Opposite Party No.1 and the complainant is entitled for the relief prayed for and as such the complaint is Iiable to be dismissed.
The Opposite Party No. 2 remained absent and set exparte.
The Complainant filed proof affidavit in Iieu of chief examination and documents Ext. A1 to Ext. A5 are marked. The Ext. A1 is the copy of Page No. 38 to 41 of the service booklet, Ext A 2 is the a copy of the Lawyer's Notice dated 09.05 2014, Ext A 3 is the Copy of the Reply Notice dated .28-05-2014 , Ext. A4 series are the photos of the vehicle after accident, Ext A5 is the Marriage invitation of Mr. Prince.
From the side of Opposite Parties, one Mr. Kiran Hande, Territory Service Manager of the Opposite Party No. 1 is examined as DW 1., who filed proof affidavit in Iieu of chief examination and documents Ext. B 1 to Ext. B 4 are marked. Ext. B1 is the Copy of Warranty terms & Conditions, Ext B2 is the copy of some unnumbered pages of Sample dealership agreement, Ext. B3 is the copy of Letter dated 28.05.2013. issued by Opposite Party No.1, Ext. B4 is the copy of instructions regarding Seat belt & SRS Air bags.
Based on the pleadings of the rival parties in this case, the following issues are framed for consideration.
1. Whether there is any manufacturing defect in the air bag system of complainant's vehicle?
2. Whether there is any service deficiency or negligence on the part of any of the opposite party?
3. If so, what is the relief?
For convenience, all these issues are discussed together.
The specific case of the complainant is that his Vehicle purchased from the opposite parties met with an accident on 19-04-2014, by hitting with a bus and Mr. Prince, who was driving the Vehicle seriously injured at his forehead.
At the time of the accident the air bag behind the passenger's side of the dash board inflated. But the air bag behind the center pad of the steering wheel was not inflated. The vehicle was met with severe frontal collision. It is submitted that if the air bag behind the center pad of the steering wheel was inflated at the time of accident, Mr. Prince would not have been injured.
The front air bags are designed to inflate in frontal collision and thereby to protect the front seat passengers and driver from injuries and during accidents the airbags must be inflated quickly and force fully in order to protect the passengers from fatal injuries. The non inflation of the air bag behind the center pad of the steering wheel is due to the manufacturing defect of the airbag system in the vehicle.
The opposite parties argue that the air bag system in the car was in perfect ok and working condition since the air bag located behind passenger's side dash board was duly inflated .The vehicle in question was inspected by the expert service engineer of Opposite Party No . 1 on 19.05.2014, for the alleged problem of air bag of steering wheel not inflated. During the inspection, the wiring has been found tampered at different places in the vehicle and due to tampering of electrical wires, the air bag wiring was found tampered / disturbed and due to the same air bag was not deployed. It was not attributed to any kind of manufacturing defect. Non inflation of the air bag was due to tampering of wiring harness and not due to any manufacturing defect.
Here there is no reliable evidence to hold that there is manufacturing defects in airbag system of the car or to show that it is due to that manufacturing defect the air bag not inflated while the vehicle met with accident. The complainant filed an IA No.330/2016 for directing the Opposite Party No.1 to produce the airbag system which was removed by their service persons at the time of repairing at Popular Vehicles & Service center at Kanhangad. The petition was allowed but no air bag system is produced. Instead the manager of the Popular Vehicles & Service center at Kanhangad filed an affidavit stating that no air bag system of the complainant's vehicle is removed and kept in their show room as averred by the complainant. The complainant did not take any further steps to prove his case.
There is no expert opinion or such reliable evidence before this commission to hold that there is any manufacturing defect in the air bag system of the vehicle, due to which the air bag not inflated while the vehicle met with accident.
Therefore considering the facts and circumstances of the case this commission is of the view that in the absence of any reliable evidence, it cannot be held that there is any manufacturing defect in the air bag system of the vehicle due to which the air bag not inflated, while the vehicle met with accident. Also there is no proof of any service deficiency on the part of the opposite party.
In the result, the complaint is dismissed with no costs.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exhibits
A1- Service booklet
A2- Copy of the lawyers notice Dt: 09/05/2014
A3- Copy of the reply Notice Dt: 28/05/2014
A4- Photos of the vehicle after accident
A5- Marriage invitation of Mr. Prince
B1- Warranty terms and conditions
B2- Owners manual and service booklet
B3- Copy of letter Dt: 28/05/2014
B4- Copy of Instructions.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
Ps/
