R GOPALNATHAN Vs. FORD MOTOR COMPANY

JUDGEMENT

(1.) The complainant has filed this complaint for a direction to the opposite parties (for short, the "o. Ps. ") to pay compensation of Rs.15,00,000 on account of the agony, shock, mental torture, trauma and pain suffered by the complainant with interest at 15% per annum from 24.5.2000 till the date of payment with cost. In addition to this, the complainant has also sought for a sum of Rs.50,000 for expenses incurred by him in following up with the O. Ps. with regard to claiming the loss towards baggage and claim made towards compensation and for the subsequent correspondence etc.

(2.) The facts in this case are as follows: the complainant on being attracted by the advertisement issued by O. P. No.2 purchased a "ford Icon" car in the month of April, 2000. After the first service, the complainant and his wife Mrs. Anusuya Gopalnathan had to go to Chennai in the said car on 24.5.2000 as they had to attend a wedding in Chennai with one Mr. Devappa K. Bayali as their Chauffeur. At that time the car had not been used for more than 2,000 kilometres. When the vehicle was on the National Highway from Bangalore to Chennai, the complainant and his wife dozed off in the car. The complainant and his wife suddenly were awakened by the screaming and shouting of a crowd of people around the car, and immediately thereafter they got out of the car to save their life. It is averred in the complaint that the driver had noticed that the red lights on the car dashboard flashed intermittently, as opposed to continuous flashing, which is an indication of a technical problem with the car and, therefore, he stopped the car immediately and got off to examine the cause of the intermittent flashing of the dashboard lights. When the driver attempted to open the bonnet, the bonnet was so hot that it burnt his fingers and palm and he saw heavy smoke emanating from underneath the bonnet from all sides. This ultimately resulted in burning of the entire car into ashes. The complainant had also lost the baggage in the said fire as the entire baggage was totally burnt in the fire.

(3.) It appears when this fact was brought to the notice of O. P. Nos.1 and 2, they replaced the car and they also paid a sum of Rs.2,50,000 towards the loss of baggage suffered by the complainant. But the complainant has filed this complaint for recovery of damages for mental agony and torture alleging that the manufacturing defect in the car has made the complainant to suffer the mental agony, hardship and also loss to his property.