ADDITIONAL BENCH STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH.

First Appeal No.981 of 2022 Date of institution : 16.11.2022 Reserved on : 17.02.2023 Date of decision : 02.03.2026 Hyundai Motor India Ltd. Sriperumbudur, Chennai, Kanchipurum District, Tamilnadu, (India) through its Managing Director, having its Office at: C-11 & 11A, Urban Estate-II, City Centre, Sector-29, Gurugram-122009.

…..Appellant/Opposite Party No.1 Versus

1. Mrs. Jaspal Kaur Deol, aged 60 years, Wd/o Sh. Manjit Singh Deol, R/o 94-C, Raj Guru Nagar Threeke, District Ludhiana-

142028.

2. Depinder Singh Deol, aged 27 years S/o Sh. Manjit Singh Deol, R/o 94-C, Raj Guru Nagar Threeke, District Ludhiana-142028.

….Respondents No.1& 2/complainants

3. Saturn Vehicles Pvt. Ltd., GKP Hyundai, C/o Sandeep Motors, Govind Bagh, Rajpura road, Gopalpur, Patiala, Punjab-147002.

…..Respondent No.3/OP No.2

4. Godawari Motors Pvt. Ltd., through its Director Ferozepur Road, Ayali Chowk Ludhiana, Punjab-141021.

….Respondent No.4/OP No.3 First Appeal under Section 41 of the Consumer Protection Act, 2019 against the order dated 16.06.2022 passed by the District Consumer Disputes Redressal Commission, Kapurthala, Camp Court at Ludhiana in RBT/CC/617/2016 Quorum:-

Mr. H.P.S. Mahal, Presiding Judicial Member Mrs. Kiran Sibal, Member Argued by:-

For the appellant : Sh. Amit Gupta, Advocate For respondent No.1 & 2 : Sh. Sahil Abhi, Advocate For respondent No.3 : Sh. Prince Goyal, Advocate For respondent No.4 : Exparte KIRAN SIBAL, MEMBER The instant appeal has been filed by the appellant/opposite party No.1 against the impugned order dated 16.06.2022 passed by District Consumer Disputes Redressal Commission, Kapurthala, camp court at Ludhiana (in short, “the District Commission”), whereby the complaint filed by respondents No.1 & 2/complainants against opposite parties (in short ‘OPs’), under the Consumer Protection Act, was allowed while granting the following relief:-

“12. In view of above detailed discussion, we partly allow this complaint and direct the OPs either jointly or severally to pay Rs.15,00,000/- to the complainants on account of mental pain and agony suffered by them due to untimely death of Manjit Singh Deol in accident. OPs are further directed to pay Rs.10,000/- towards litigation expenses. Compliance of the order be made within 30 days from the date of receipt of copy of this order failing which the awarded amount would carry interest @ 8% from the date of filing of complaint till its realization.”

2. It would be apposite to mention that hereinafter the parties will be referred, as have been arrayed before the District Commission.

3. Brief facts for the disposal of the appeal, as mentioned in the complaint, are that the husband of complainant No.1 and father of complainant No.2; namely, Sh. Manjit Singh Deol had purchased a Hyundai Verna Fluidic car bearing registration No.PB-10-EV-8960 from OP No.2 for a sum of Rs.10,65,399/-. The said vehicle was manufactured by OP No.1 and at the time of its sale, OP No.2 assured that the vehicle contains all safety systems to protect the life of the driver. Moreover, it is clearly stated in the owner’s manual and service booklet of the vehicle that air bags have been duly fixed in the vehicle for safety of the driver and other occupants of the car. It was the duty of the OPs to check the car properly, particularly the safety measures i.e.

air bags or any other manufacturing defect at the time of sale and subsequently when the car was sent to the authorized dealer at their service station i.e. OP No.3. The said vehicle was also got insured by the said Manjit Singh Deol from TATA AIG General Insurance company Ltd. vide policy No.015547013000. Unfortunately, on 24.12.2015 the vehicle in question met with an accident and the said Manjit Singh Deol, who was driving the vehicle at the time of accident, died on the spot due to suffering of multiple and grievous injuries. The claim lodged by the complainants under the insurance p