BEFORE THE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION : HYDERABAD.

FA.NO.551 OF 2024 AGAINST ORDERS IN CC.NO.03 OF 2023, DISTRICT CONSUMER COMMISSION-I, HYDERABAD Between:

BMW India Pvt.Ltd., Having its registered office at

2nd Floor, Oberoi Centre, Building No.11, DLF Cyber City, Phase II, Gurugram-122002, Haryana, India.

……Appellant/Opp.Party No.1 And

1. CYBER HAT SOLUTIONS PVT.LTD., 8-3-228/A/R/501, Near Check Post, Yousufguda, Hyderabad, Telangana – 500045, represented by Its CEO, Shriram Simha Teja P.

……Respondent No.1/Complainant No.1

2. Shriram Simha Teja, S/o.Sri Mahesh Chandra Kiron P.

Aged 37 years, R/o.8-3-228/A/R/501, Near Check Post, Yousufguda, Khairatabad, Hyderabad – 500045.

……Respondent No.2/Complainant No.2

3. BMW Service Center-Ambattur, B7 & B8, 1, Ambattur Industrial Estate Road, Ambattur, Chennai, Tamil Nadu – 600058.

……Respondent No.3/Opp.Party No.2

4. Kun Motoren Pvt.Ltd., 6-3-659, Kun Exclusive, Opp: RTA Office, Somajiguda, Hyderabad – 500082.

……Respondent No.4/Opp.Party No.3

5. Tata AIG Insurance Company, Floor-2, My Home Tycoon, Greenlands, Begumpet, Hyderabad- 500016.

……Respondent No.5/Opp.Party No.4

6. Bharti Axa General Insurance Company Ltd., 3rd Floor, 6-3-666/B/6, Gokul Towers, Punjagutta, Hyderabad – 500082.

……Respondent No.6/Opp.Party No.5 (Claim not pressed against Respondent No.6)

Counsel for the Appellant/Opp.Party No.1: M/s.Ch.Pushyam Kiran Counsel for the Respondents 1&2 /Complainants1&2: Notice served Counsel for the Respondents3&4/Opp.Parties2&3:M/sK.Visweshwar Reddy Counsel for the Respondent No.5/Opp.Party No.5: M/s N.Srinath Rao QUORAM:

HON’BLE SMT.JUSTICE DR.G.RADHA RANI ……PRESIDENT HON’BLE SMT.MEENA RAMANATHAN ……MEMBER (NON-JUDICIAL)

HON’BLE SMT.R.S.RAJESHREE ……MEMBER (NON-JUDICIAL)

FRIDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND TWENTY SIX ******

Order: (Per Smt.Dr.G.Radha Rani, Hon’ble President)

1. This appeal is filed by the Opposite Party No.1 aggrieved by the order passed by the District Consumer Disputes Redressal Commission-I, Hyderabad in CC.No.03/2023 dated 08.04.2024, wherein the complaint was allowed in part directing the Opposite Party No.1 to pay a sum of Rs.1,00,000/- towards mental agony and costs of Rs.25,000/- to the Complainants for causing deficiency of service.

2. For the sake of convenience, the parties are hereinafter referred as arrayed before the District Commission as Complainants and Opposite Parties.

3. (a) The case of the Complainants was that, the Complainants brought BMW 3 series GT with AT BSIV vehicle with registration No.TS09FL2324 in the month of July, 2019 from Opposite Party No.3 and got it insured with Opposite Parties 4 and 5. The Opposite Parties 1 and 2 claimed that they were setting benchmarks in the vehicle safety and that they were pioneers in the safety innovations which made BMW vehicles leader in the automotive safety over the years. The first and second Opposite Parties cars were said to have been designed not only to meet applicable laws and regulations but also to advance the state of the art in safety whenever practicable. Upon the colourful words of the first and second Opposite Parties through their website and advertisements, the Complainants purchased the subject vehicle through Opposite Party No.3. On 01.03.2022 at 4:00 P.M. the subject vehicle met with a fatal accident at Thanjavur Taluk, Tamilnadu. FIR No.157/2022 was registered with regard to the accident at Thanjavur Taluk, Thanjavur, Tamilnadu. At the time of accident, five people were travelling in the car, two in the front and three in the back seats. After the accident, due to non-deployment of airbags in the car, the two passengers in the front seat got hurt very badly, as the wind shield shattered and the glass panes pierced the bodies of the passengers causing them injuries on the head, arms, chest, legs which resulted in permanent scars.

(b) When the passengers were taken to the hospital, they had to undergo several tests to detect and diagnose major injuries caused due to a