Forum orders automobile firm to replace defective car

As per orders issued by M Mony, president and A Sankar, member of the forum recently, the opposite parties were also ordered to pay a sum of Rs 50,000 as compensation with costs of Rs 10,000 to the complainant within a period of two months, failing which the amounts would carry interest at the rate of six per cent per annum.

According to complainant J Agustus, Simon Nagar of Nagercoil, he purchased a fully-automated and top-end variant XUV onApril 30, 2014.

When the complainant was travelling in the vehicle on June 20, 2017, on Tirunelveli-Kanniyakumari four-lane road, a bus in a rash and negligent manner collided with his car at Pazhavoor junction, causing heavy injury to him and considerable damage tothe vehicle.

On the next day, Pazhavoor police in Tirunelveli filed a case in connection withthe accident.

According to the medical certificate given by Dr M Srinivasan, orthopaedic surgeon, injuries such as multiple abrasions in right side of the chest, shoulder, mild disaster of right acromion process of scapula and welling right ankle were reported. 

The complainant claimed that since the vehicle’s airbags did not function properly, he suffered such severe injuries. It could have become fatal.

According to the inspection report of the motor vehicle involved in the accident, the Motor Vehicle Inspector specifically stated that “air bags not released”.  

Further, the complainant stated that it’s the major fault in the vehicle that caused such injuries to him. Due to the manufacturing defect, the vehicle’s airbags failed to open at the time of the accident causing grievous injuries.

The opposite parties did not fulfil their promises given on the date of purchase on account of safety and regarding airbag, the vehicle had a major manufacturing defect.

This airbag technology is purely to protect the persons inside the vehicle during an accident. Due to a manufacturing defect, the airbag did not open or function, and even the indicator failed to function and the software alsofailed to work.