Res ipsa loquitur applies to infer manufacturing defect in airbags from non-deployment without expert evidence.

ORDER

JUDGMENT

DR.SUDHIR KUMAR JAIN, J.

1. The relevant facts arising from the record are that Yogesh Jain/the complainant in the complaint/the respondent no 1 in revision petitions bearing no 2602/2017 and 2603/2017 (hereinafter referred to as “the complainant”) purchased Ford Eco Sport (optional) (hereinafter referred to as “the vehicle”) bearing chassis no MAJAXXMRKAFY50957 and engine no FY50957 from Ford India Private Limited/the opposite party no 1 in the complaint/the respondent no 2 in revision petition no 2602/2017 and the petitioner in revision petition no 2603/2017 (hereinafter referred to as “the manufacturer”) through dealer A.B. Motors Private Limited (Bhagat Ford), Amritsar/the opposite party no 2 in the complaint/the petitioner in revision petition no 2602/2017 and the respondent no 2 in revision petition no 2603/2017 (hereinafter referred to as “the dealer”) on 01.07.2015 for a sale consideration of 1042776/- for personal use. The vehicle was registered with registration no PB02-CS-1233 and was under full warranty coverage by manufacturer till 2.7.2018. The vehicle was insured with New India Insurance Company Limited vide Certificate cum policy No.71050131150100183479. The vehicle on 27.5.2017 during validity of insurance policy met with an accident on 27.05.2016 on G.T.Road, Pathankot-Amritsar Expressway and suffered damages on all four sides and after impact with the divider of road tumbled completely and rolled over to the other side of the road. The driver suffered head injuries and injuries on neck and arms. The vehicle had safety features with 6 airbags but only 2 airbags of the right side (inside driver’s seat and one on overhead) at the time of the accident opened but the front air bag on the driver side and 3 airbags of the left side did not open which was reflective of failure of safety systems and airbags in the vehicle besides major inherent manufacturing defects in the vehicle at the time of accident. The failure of security system of the vehicle at the time of the accident could have led to the extensive injuries and a fatal threat to life to the driver.

1.1 The vehicle was towed and brought to workshop of the dealer in the night of 27.05.2016. The dealer assured the complainant that the vehicle would be repaired within in 15-20 days and the manufacturing defects relating to faulty airbags and security system would be replaced. The manufacturer was bound to rectify the manufacturing defect which led to mal-functioning of airbags safety system and to repair the accidental damage by 15.06.2016. The vehicle remained in the custody of the dealer for repairs for three months but the dealer has failed to rectify the inherent manufacturing defects related to the security of the vehicle. The complainant was contacting the dealer for last three months but without any result. It was informed that efforts to resolve the manufacturing defects were under process but not proved to be successful. The vehicle was within first year full warranty with validity till 02.07.2018. The complainant registered a complaint with head office of the manufacturer on 19.08.2016 vide request no. 0800120414 dated 19.08.2016 about failure of the dealer to rectify manufacturing defects related to security system of the vehicle and deliver the vehicle back after repair to the complainant within reasonable time. The manufacturer promised to give feed-back after consulting with the dealer but no feedback was received with regard to rectification of manufacturing defects. The complainant being aggrieved with alleged deficiency in service on