HARVINDER SINGH BHULLAR Vs. JAGUAR LAND ROVER

JUDGEMENT

(1.) The dispute raised through this Complaint is about a deficiency in a Jaguar Land Rover "Autobiography" model vehicle manufactured in the year 2009 by Opposite Party No. - 1, marketed through Opposite Party No. -2 and sold by the Dealer Opposite Party No.-3, M/s AMP Motors Private Limited. It is not in dispute that the said vehicle with a three year warranty coverage was purchased by M/s Naunidh Overseas Private Limited through its Director, Complainant No.-2, Mr. Jatinder Pal Singh, a resident of Vasant Vihar, New Delhi. The vehicle is stated to have been purchased on 29/3/2010 and consequently the warranty of 3 years continued till 28/3/2013.

(2.) The Complainant No.-1 states that he is a close friend of Complainant No.-2 and he was driving the vehicle on 11/12/2013 while he was on his way to Jaypee Green Golf Course, Greater Noida for a Golf Game. According to Complaint No.-1 the vehicle was at a speed of 90 km/hour when a stray Blue Bull jumped over the fence of the road all of a sudden and the vehicle hit the said bull which collision caused extensive damage to the vehicle. The Complainant was being followed by two of his friends who had also gone to play golf. The Complainant was retrieved from the vehicle by them.

(3.) The grievance of the Complainant is that on the collision and its impact, the airbag of the driver side failed to deploy whereas the airbag of the passenger seat besides the driver, which was unoccupied at the time of the accident, was activated and spontaneously deployed.