HYUNDAI MOTOR INDIA LTD. THROUGH ITS AUTHORISED SIGNATORY MR. MANISH KUMAR, DY. MANAGER, LEGAL & SECRETARIAL, HAVING ITS OFFICE AT 2ND 5TH & 6TH FLOOR, CORPORATE ONE (BANNI BUILDING) PLOT NO. 5, COMMERCIAL CENTRE JASOLA, NEW DELHI Vs. LEELA SHU & ANR.

JUDGEMENT

(1.) Mrs. Leela Sahu, the complainant, purchased a Hyundai New Verna car on 25.8.2011, manufactured by Hyundai Motors India Ltd./opposite party No. 1 through its dealer, M/s Jaika Automobiles Pvt. Ltd./opposite party No. 2, for a sum of Rs.8,95,000.00, exclusive of registration fee, insurance cost and accessories cost etc. The said car had the facility of Air Bags, which are used for safety of the lives of the people sitting inside the car at the time of accident. For that facility, a sum of Rs.2 to 2.5 lakh was extra charged.

(2.) On 18.12.2011, the said car met with an accident, due to which the vehicle got damaged completely. This is an indisputable fact that during the accident, the Air Bags installed in the vehicle did not deploy i.e. did not move or act, remained stagnant. Fortunately, the driver of the vehicle, who was wearing the seat belt at the time of accident, was able to save his life.

(3.) The defence set up by the opposite party No. 2 was that the impact of jerk could not reach upto the censor, as a result of which, the Air Bags did not deploy. Opposite party No. 1 contended that the instant complaint was filed solely with the intention to diminish the prestige and reputation of an internationally renowned company i.e. Hyundai Motors India Ltd. and there is no fault or deficiency in the vehicle. A special team of opposite parties also inspected the accidental vehicle and found that the accident took place due to bursting of tyre of the vehicle, after colluding with a pole lying on the road. Since the collusion did not take place in front of the censor, therefore, Air Bags did not deploy. Again, activation or deployment of an Air Bag in a crash depends on several important factors like characteristics of the crash, speed, other vehicles involvement, direction of impact etc. As per the manual, Air Bags did not deploy if the collusion is not severe or having impact of below 30 degree. Air Bags will not deploy if the collusion took place from side direction of the vehicle. The car in question had already met with two accidents i.e. on 19.9.2011 and 10.11.2011 and the accidental car was subjected to repairs and maintenance. The car was driven by the complainant in a very rough and negligent manner.