Back
FIRST ADDITIONAL BENCH
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
PUNJAB, CHANDIGARH
First Appeal No.651 of 2019
Date of Institution : 01.10.2019
Date of Reserve : 07.01.2021
Date of Decision : 25.01.2021
M/s Hyundai Motor India Limited, 2nd & 6th Floor, Corporate One
(Banni Building) Plot No.5, Commercial Center, Jasola, New Delhi.
…..Appellants/Opposite party No.3
Versus
1. Sahil Jain S/o Phool Chand R/o House No.B-1/407, Handiaya
Bazar, Barnala, Punjab (Email ID not available).
…Respondent/complainant
2. Park Hyundai, Opposite Kanda, Bajakhana Road, through its
authorized signatory.
3. Amar Parkash Agro India Ltd., Park Hyundai, Village Kano-
Majra-Kalan, Jind Road, Sangrur through its Managing Director /
Authorized Signatory.
4. National Insurance Company Ltd., Baroda Bank Building,
Opposite Kaula Park Market, Partap Nagar, Sangrur through its
Bank Manager (Email ID not available.)
…..Respondents/opposite parties No.1,2 & 4.
First Appeal against the order dated
19.08.2019 of the District Consumer
Disputes
Redressal
Forum
(now
Commission), Barnala.
Quorum:-
Mr.Rajinder Kumar Goyal, Presiding Member
Mrs.Kiran Sibal, Member
Present:-
For the appellant
: Sh.A.P.S.Kahlon, Advocate
For respondents No.1&3 : Ex-parte
For respondent No.2 : None
For respondent No.4 : Ms.Madhu Sharma, Advocate
First Appeal No 651 of 2019
2
RAJINDER KUMAR GOYAL, PRESIDING MEMBER
This appeal has been preferred against the order dated
19.08.2019 passed by District Consumer Disputes Redressal
Forum, Barnala (now District Commission) (hereinafter referred to
as “District Commission”), whereby the complaint filed by the
complainant, under Section 12 of the Consumer Protection Act,
1986 (in short ‘the Act’), was partly allowed on the ground of
manufacturing defect in the air bags and also for not paying the
amount of Rs.7,900/- to the complainant which was charged by
opposite party No.2 illegally from him. The opposite parties No.2 &
3 were directed to replace the air bags of the car of the
complainant free of costs and opposite party No.4 was directed to
refund the amount of Rs.7,900/- to the complainant, charged by
opposite party No.2 illegally along with interest at the rate of 6%
per annum from the date of institution of the complaint till actual
realization. The opposite parties No.2 & 3 were further directed to
pay Rs.5,000/- as compensation for mental tension and
harassment and Rs.3,000/- as litigation expenses to the
complainant. It was further directed to comply with the order within
the period of 30 days from the date of receipt of copy of this order.
It would be apposite to mention that hereinafter the parties
will be referred, as have been arrayed before the District
Commission.
Facts of the Complaint
2. Brief facts, as averred in the complaint are that the
complainant purchased one Hyundai Creta 1.4 cRDI S+ car from
First Appeal No 651 of 2019
3
opposite party No.2, manufactured by opposite party No.3, which
was delivered at Barnala through opposite party No.1. The car
bearing registration No.PB-19P-3523 was insured as ‘bumper to
bumper’ with opposite party No.4. The car, in question, was
financed by HDFC Barnala. A premium of Rs.22,331/- towards the
policy was paid by the complainant to opposite party No.4. On
26.12.2017, the car met with an accident with a stray animal (bull)
near Village Budrukhaan on Sangrur Barnala Highway. A DDR
No.16 dated 27.12.2017 was recorded at Police Post Budrukhaan,
District Sangrur. Due to the accident, the car was badly damaged.
The seat belts were fastened around the complainant and his
father Phool Chand, due to which they did not sustain any personal
injury. However, the Air Bags did not throb into action due to
manufacturing defect in the said car and that could prove to be
fatal. The car was taken to the workshop of opposite party No.2,
where it was repai
