Car manufacturer told to pay Rs 13.32 lakh to PGI doctor in Chandigarh

Dr Saini alleged that after taking delivery of the car, she along with a sales assistant drove the car to the nearest petrol station to fill the tank where the complainant noticed some smell coming from the vehicle, but the sales assistant assured her that it was a normal smell in brand new car due to plastic wraps. However, the new vehicle collided with another car at 7.15 pm, and thereafter crashed into the boundary wall of the showroom, said the complainant, who sustained minor injuries.

Dr Saini said she was shocked to notice the airbags in the car did not function during the accident and she rushed to the showroom, questioning about non-functional airbags.

Dealership representatives told her that since it was a minor accident, the airbags did not function, she said.

Thereafter, the complainant lodged a complaint with the manufacturer and dealership on November 26, 2022 regarding the vehicle’s safety.

The dealership informed her on December 19, 2022 that the vehicle was repaired and ready for delivery. Since there was no statutory safety assurance of the subject car given by the dealership, she refused to take delivery, the complainant said, adding that she repeatedly requested the dealership to give safety assurance to her and only after that she would take delivery.

After giving a legal notice, she filed a complaint at the Consumer Commission.

The lower Commission hearing the complaint of Saini, ordered Mahindra and Mahindra to pay Rs 12,97,010, to the complainant, and to pay an amount of Rs 25,000 as compensation and Rs 10,000, as cost of litigation. The manufacturer, Mahindra and Mahindra Limited, however, filed an appeal against the lower Commission order at the State Commission, arguing that the accident had taken place due to the negligence of the complainant who met with a minor accident and there is no deficiency in service on their part.

The State Commission on hearing the matter said that in the instant case, a brand new vehicle, just within 45 minutes of its delivery, met with an accident, thereby causing substantial damage to its front portion, as is apparent from the photographs, which in any manner, cannot be said to be a minor one.