STATE CONSUMER DISPUTES REDRESSAL COMMISSION KERALA CONSUMER COMPLAINT NO. SC/32/CC/15/80 DOMINIC JOSEPH PRESENT ADDRESS - VALUMANNEL HOUSE ANAKAL P O KANJIRAPALLY KOTTAYAM

686507 ,KERALA.

.......Complainant(s)

Versus EVM AUTOMOTIVES INDIA PVT LTD PRESENT ADDRESS - OPP ST MARYS CHAPEL THELLAKOM ETTUMANOOR KOTTAYAM

686016 ,KERALA.

NISSAN MOTORS INDIA PVT LTD PRESENT ADDRESS - ASV RAMANA TOWERS 37 & 38 VENKATNARAYANA ROAD T NAGAR

600017 ,KERALA.

.......Opposite Party(s)

BEFORE:

HON'BLE MR. JUSTICE SRI.B.SUDHEENDRA KUMAR , PRESIDENT HON'BLE MR. SRI.AJITH KUMAR.D , JUDICIAL MEMBER SRI.RADHAKRISHNAN.K.R , MEMBER FOR THE COMPLAINANT:

NEMO FOR THE OPPOSITE PARTY:

NEMO DATED: INVALID DATETIME

ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, VAZHUTHACAUD, THIRUVANANTHAPURAM C.C. No. 80/2015 JUDGMENT DATED: 30.01.2025 PRESENT:

HON’BLE JUSTICE SRI. B. SUDHEENDRA KUMAR : PRESIDENT SRI. AJITH KUMAR D. : JUDICIAL MEMBER SRI. RADHAKRISHNAN K.R. : MEMBER COMPLAINANT:

Dominic Joseph, Valumannel House, Anakal P.O., Kanjirapally, Kottayam-686 507.

(By Adv. K.P. Jayaraj and Adv. A.G. Girish Kumar)

Vs.

OPPOSITE PARTIES:

1. EVM Automotives India Pvt. Ltd., Opp: St. Mary’s Chapel, Thellakom, Ettumanoor, Kottayam-686 016.

(By Adv. Ajith S. Nair and Adv. R. Harikumar)

2. Nissan Motors India Pvt. Ltd., ASV Ramana Towers, 37 & 38, Venkatnarayana Road, T. Nagar-600 017.

(By Adv. Bimal V.S. and Adv. Sheeba Nath S.)

JUDGMENT

HON’BLE JUSTICE SRI. B. SUDHEENDRA KUMAR : PRESIDENT This complaint was filed under Sec. 17 of the Consumer Protection Act, 1986.

st

2. The complainant purchased a Nissan Sunny Motor car from the 1 opposite party on 03.04.2014 for a total price of Rs. 9,80,936/- (Rupees Nine Lakh Eighty Thousand Nine Hundred and Thirty Six only). The above price included an amount of Rs. 7,129/- (Rupees Seven Thousand One Hundred and Twenty Nine only) paid for nd the extended warranty. The above said car was manufactured by the 2 opposite party.

3. On 20.02.2015 at about 4.30 p.m., while the complainant was driving the car with his wife along Kozha-Pala road, towards Pala, the said car hit against an electric post at a place near to Marangattupilly Police station and, as a consequence, the car sustained damage to the bonnet, bumper grill, radiator, air condition etc. Despite such a heavy impact, the supplemental restraint system did not work. The chest of the complainant heavily impacted the steering wheel and the complainant had to undergo medical examination. The complainant was advised to take a rest for three weeks. The complainant is still suffering from chest pain. The complainant’s wife also sustained injuries in the accident. The wife of the complainant was also taken to the hospital. The complainant had to pay an amount of Rs. 9,746/- (Rupees Nine Thousand Seven Hundred and Forty Six only) to the Kerala State Electricity Board for the value of the electric post damaged in the incident.

4. The complainant alleged that the opposite parties supplied a defective car to the complainant and hence the opposite parties conducted unfair trade practice. The defect of the supplemental restraint system was evident when the same was not inflated in the heavy impact. There were flaws, imperfections and shortcomings in the quality or standard which were required to be maintained under the contract. The st damaged vehicle was shifted to the automobile workshop of the 1 opposite party. The estimate for the repair work was Rs. 12,67,023/- (Rupees Twelve Lakh Sixty Seven Thousand and Twenty Three only). The complainant consented to the insurance company to settle the claim on salvage loss of Rs. 3,00,000/- (Rupees Three Lakh only). The damaged vehicle was subsequently sold to one Jolly P.K. for Rs. 3,50,000/-

(Rupees Three Lakh Fifty Thousand only).

5. The complainant contended that he is entitled to refund the price of the vehicle with interest from the date of purchase, which would come to Rs. 10,97,600/- (Rupees Ten Lakh Ninety Seven Thousand Six Hundred only). The complainant