RICHARD RAJA SINGH Vs. FORD MOTOR COMPANY LTD.

JUDGEMENT

(1.) Complainant No.1, Dr. Richard Raja Singh, and his son, R. Backiaraj Vinuben, purchased a Ford Mondeo car on 19-03-2004 for a consideration of Rs.17,41,642/-. On 31-05-2004 the first, second and third complainants were travelling to Thirunelvelli, along with their family members. Late Manuben Joshua Raj and Backiaraj Vinuben, sons of the first and second complainants, Mrs. Jacinth wife of Manuben Joshua Raj and Mrs. Santra wife of Backiaraj Vinuben were travelling in the Ford Mondeo car and the said car was being driving by deceased R. Manuben Joshua Raj, whereas the first, second and the third complainants were in another car. At about 5:45 P.M., when their vehicles reached National Highway near Irattai Malai, a Tata 407 vehicle rammed sideways on the left side of the Ford Mondeo car. All the four passengers travelling in the car died on the spot.

(2.) The complainants are seeking a sum of Rs.17,41,632/- being the price of the car paid by them, Rs.2,00,00,000/- towards compensation for loss, injury and mental agony and Rs.8,00,00,000/- towards punitive damages for the defective and faulty service by the opposite parties.

(3.) In its reply opposite party No.1-Ford Motors Co. Ltd. inter alia claimed that it was an American company having no office at the address given in the cause list and it had neither manufactured nor sold the subject car and, therefore, the complaint is bad for its joinder. It was further stated that Ford cars being sold in India are manufactured in Belgium and, therefore, this Commission has no territorial jurisdiction to try the complaint. The opposite party No.1 also took a preliminary objection that the complaint is beyond the limitation period prescribed in the Consumer Protection Act, 1986 and, therefore, liable to be dismissed. On merits, it is alleged that during inspection by opposite party No.2 it was found that the said air bags did deploy but the left B pillar of the car collapsed due to massive impact of Tata vehicle, as a result of which the said pillar entered the passenger compartment, thereby obstructing the area for the air bag to inflate completely. It is further alleged in the reply that it is Ford India Pvt. Ltd. which is the authorised importer and seller of the Ford cars in India. It is also stated that since the said air bags are installed on the side of the seat backs of the front seats, the claim with respect to the occupants sitting on the back seat is unjustified. Yet another plea taken by opposite party No.1 is that the claim is highly exaggerated since only Rs.60,00,000/- have been claimed before the MACT. It is also stated in the reply that the way accident took place there cannot be any safety equipment in any premier car, which could have protected the occupants of the car. It is also stated that air bags can only cushion the impact but cannot act as a protective device, when the impact of the accident is of a very high magnitude.