Date of filing : 08.10.2015

 IN THE TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI.

Present: Hon’ble Thiru Justice R.SUBBIAH       ... PRESIDENT

             Thiru.R VENKATESAPERUMAL     … MEMBER

C.C. No.264 of 2015

                               Orders pronounced on:     09.09.2022

S.Sathyaselvi,

W/o.Sivagnanam,

No.C-22, Arcot Terrace,

No.160, Arcot Road,

Vadapalani,

Chennai 600 026.                                         … Complainant

vs.

1. M/s.Lanson Motors

     Pvt. Ltd., rep. by its

Head Customer Relations Officer,

No.34, P.H. Road,

Koyambedu,

Chennai 600 107.

2/ M/s.Toyota Kirloskar Motor Ltd.,

rep. by its M.D.,

Plot No.1, Bidadi Industrial Area,

P.O. Bidadi,

Ramangara District,

Karnataka-562 109.

3. M/s.Cholamandalam MS General

Insurance Company Ltd.,

rep. by its Regional Claims Manager,

2nd Floor, Dare House,

NSC Bose Road,

Chennai 600 001.                                    ... Opp. Parties.

             For Complainant      :  M/s.L.N.Praghasam

             For OP No.1             :  M/s.Soundara Rajan

             For OP No.2             :  M/s.S.K.Srinivasan

             For OP No.3             :  M/s.M.B.Gopalan Associates

This Complaint came up for final hearing on 12.08.2022 and, after hearing the arguments of the counsels for the parties and perusing the materials on record and having stood over for consideration till this day, this Commission passes the following:-

O R D E R

R.Subbiah, J. – President.

             The present Complaint is filed, seeking this Commission to pass an order directing OP Nos.1 and 2 to pay to the complainant a sum of Rs.15 lakh for their deficiency in service & delivery of vehicle with inherent manufacturing defect and another sum of Rs.15 lakh towards damages for mental agony, etc. and also directing the 3rd OP to pay to her Rs.12 lakh as the full insured amount, besides costs.

             2. In brief, the case of the complainant is as follows:-

              On 31.01.2013, the complainant purchased a Toyota Innova VX 8S Model Car with SRS & Airbag protection, from the 1st OP under Invoice No.LAC130000030, dated 31.01.2013, for Rs.14,27,658.48.  The Registration Number of the said Car is TN-10 AK-4030, with chassis No.MBJ11JV4007381755 & Engine No.2KDU206113.  It was purchased under hypothecation with HDFC Bank, Aminjikarai Branch, Chennai, by availing finance to the tune of Rs.10 lakh.  The said vehicle was duly insured and the insurance is periodically renewed from time to time.  The complainant, being a home-maker, has employed a Driver, who has driving experience of about 13 years.  On 15.05.2015, after attending a marriage function, when the complainant and 4 of her relatives were returning in the vehicle in question to Chennai via  Trichy-Chennai NH from South to North, due to the negligent driving of a lorry bearing Registration No.TN-45 BC-1191 that was going in front of the complainant's vehicle to take a right u-turn without signal at Alathur Taluk Office, the Driver of the complainant's vehicle  had to suddenly take a right turn  but he lost the control, hit behind the said lorry and the vehicle toppled over.  Some of them were severely injured while others including the complainant sustained minor injuries for which they took treatment in a nearby Hospital. A police complaint was lodged by the complainant's Driver, resulting in registration of FIR No.187 of 2015 at Padalur P.S. on 16.05.20