IN THE TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI Present : Hon’ble Thiru. Justice R. SUBBIAH….. PRESIDENT F.A. No. 21 of 2020 (against the order dated 15.05.2019 passed in C.C. No. 24 of 2017 on the file of District Consumer Disputes Redressal Forum, Salem)

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Pronounced on : 28.03.2025 Hyundai Motor India Limited

2^nd, 5^th and 6^th Floor Corporate One (Baani Building Plot No.5, Commercial Centre Jasola New Delhi – 110 025 .. Appellant/1^st Opposite Party Versus

1. N. Kamala Wife of Nandakumar Old No.58/165, New No.271/58

4^th Road, Leigh Bazaar Salem District Tamil Nadu

2. N. Kothandapani Son of Nandakumar Old No.58/165, New No.271/58

4^th Road, Leigh Bazaar Salem District Tamil Nadu .. Respondents 1 and. 2/Complainants

3. Golden Hyundai

151, Salem Bangalore Main Road T.M.S. Mill Compound Salem District – 636 302 Tamil Nadu .. Respondent No.3/Opp. Party No.2

4. Express Hyundai

96-100, OMR, Rajiv Gandhi IT Express Way Sholinganallur Chennai – 600 119 .. Respondent No.4/Opp. Party No.3

5. Ramani Automotives Private Limited

131/2, Narasothipatty Omalur Main Road Five Roads, Salem District Tamil Nadu .. Respondent No.5/Opp. Party No.4 For Appellant : Mr. P. Suresh For Respondents : Mr. Shangar Murali for R1 and R2 : Mr. K.R.R. Aiyyappa Mani for R3 Fourth respondent was called absent Relief against fifth respondent was given up This appeal came up for final hearing on 13.09.2024 and upon hearing the arguments of the counsel for the appellant as well as the counsel for the respondents and on perusing the material records, this Commission made the following ORDER This appeal is filed challenging the order dated 15.05.2019 passed in Consumer Complaint No. 24 of 2017 on the file of the District Consumer Disputes Redressal Forum, Salem.

2. The said Consumer Complaint No. 24 of 2017 was filed by the respondents 1 and 2 herein under Section 12 of The Consumer Protection Act, 1986, praying to direct the opposite parties to pay a sum of Rs.9,99,999/- along with interest at the rate of 18% per annum from the date of accident, till payment and to pay Rs.5,00,000/- as compensation for the mental agony and cost of the complaint.

3. The background facts of the complaint filed by the respondents 1 and

2 herein are essential for the purpose of adjudicating the present appeal and they are briefly stated hereunder.

4. The appellant is the first Opposite Party. The respondents 1 and 2 in this appeal are the Complainants. The respondents 3 to 5 are the Opposite Parties 2 to 4 before the District Consumer Dispute Redressal Commission, Thiruvannamalai.

5. For the sake of convenience, the parties are referred to as per their litigative status in the Consumer Complaint as “Complainant” and “Opposite Party” as the case may be.

6. The respondents 1 and 2/Complainants have purchased Hyundai Verna 1.6 CRDI SX bearing Registration No. TN 30 A 1679 from the fourth Opposite Party on 06.02.2014. According to the Complainants, after they purchased the Car, the dealership of the fourth Opposite Party was cancelled by the first Opposite Party and therefore, the Complainants approached the second Opposite Party, who was an authorized dealer of the Opposite Party No.1. It was stated that the Complainants have regularly serviced the car with the second Opposite Party and last such service was done on 18.01.2017. While so, on 19.03.2017, the second complainant started the car from Salem. After 4 hours drive, when the car was nearing Chengalpattu, both the air bags in front of the Driver and Co-driver got deployed on their own without any hit or collision of the vehicle. Immediately, the Complainant contacted the nearby dealer of the first Opposite Party viz., third Opposite Party and informed the deployment of the air bags on their own. The car was left with the third Opposite Party on 19.03.2017 and the matter was also informed to the First Opposite Party vide Complaint Number 1-707944700. The third Opposite Party after examining the vehicle gave an estimate for Rs.2,