MANAGING DIRECTOR, VOLVO AUTO INDIA PVT LTD & ANR Vs. J S SATHISH KUMAR DIRECTOR, TKVTSS MEDICAL EDUCATI

JUDGEMENT

(1.) This first appeal has been filed by the appellant Managing Director Volvo Auto India Pvt. Ltd. & Anr. against the order dated 23.07.2015 of the State Consumer Disputes Redressal Commission, Tamil Nadu, (in short 'the State Commission') passed in CC No.119/2014.

(2.) Brief facts of the case are that the respondent/complainant purchased a Volvo Sedan car market name Volvo S60 T6 Red- AWD through the 2nd opposite party/appellant No.2 who is the authorized dealer of the 1st opposite party/appellant No.1 for a sum of Rs.35,75,000/- on 24.10.2011. On 29.04.2014, the vehicle was being driven on the road, suddenly all the Air bags got deployed without any cause or accident and engine stopped in the middle of the road. There was no traffic on the road at that time and a major accident got averted. The complainant informed the opposite party about the incident over phone and waited at the site for more than 5 hours anticipating the assistance from the opposite parties, but the opposite parties did not turn up and did not send anybody for assistance. However, some time later the engine started and the car was taken home. The complainant requested the opposite parties to inspect the car and to give report, but the opposite parties were not inclined to inspect the car at Salem where the car was parked and insisted that the car be brought to their service centre at Coimbatore for inspection which the complainant could not do in view of the defective condition of the car and the opposite parties confirmed that they will not inspect the car at Salem.

(3.) Aggrieved by this act of opposite parties/appellants, the respondent/complainant filed a consumer complaint bearing No.119 of 2014 before the State Commission. The State Commission passed an ex-parte order dated 23.07.2015 and allowed the consumer complaint as under:-