STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

HARYANA PANCHKULA

                                                Consumer Complaint No.728 of 2017

Date of the Institution: 15.11.2017

Date of Decision: 18.11.2021

Meenu Sehgal W/o Deepak Sehgal R/o 51 Mayur Enclave Deep Nagar Jalandhar Cantt. Jalandhar, Punjab.

…..Appellant

Versus

1. Maruti Suzuki India Limited, Plot No.1, Nelson Mandela Road, Vasant Kunj, New Delhi 110070 (Head Office) through its Managing Director.
2. M/s Lovely Autos, Maruti Suzuki (NEDA), Lovely Mall, Dr. Ambedkar Chowk, Jalandhar City, District Jalandhar, Punjab (Authorized Dealer of Maruti Suzuki) through its Manager.
3. Maruti Suzuki India Limited, Old Palam Road, Gurugram, Haryana 122015, through its Manager.

                                                                             .….Respondents

CORAM:    Mr.Ram Singh Chaudhary, Judicial Member

Present:-    Mr.Pardeep Panwar, Advocate for the appellant.

                   Mr.Salil Sablok, Advocate for the respondent No.1 and 3.

Mr.S.R.Bansal, Advocate for the respondent No.2.

O R D E R

RAM SINGH CHAUDHARY, JUDICIAL MEMBER:

It was alleged by the complainant that on 11.11.2015, he purchased vehicle Baleno from OP No.2-Lovely Autos Maruti Suzuki. On 18.11.2015, the family members of the Sehgal family namely Sanjay Sehgal, Kiran Sehgal, Kunal Sehgal, Anshul Sehgal, Sandeep Sehgal and Pallavi Sehgal were went to Faridabad to surprise his only daughter Deppti Katyal, whose daughter Akanksha had her first birthday on 19.11.2015.   Complainant’s family started journey around 10.30 p.m. on 19.11.2015, at about 3.15 am his car collied with truck and ended in tragedy, when he and three other members of his family were killed in a road accident, while on their way to Faridabad near Gharaunda in Karnal on NH-1 in the wee hours of 18.11.2015/19.11.2015.  Four members were killed after a speeding truck rammed into their car and Nephew and Niece Pallavi sustained serious injuries.  The impact was so severe that after hitting the patato laden truck, the car overturned jumped and divider and rolled on to the other side of the highway. FIR No.0619 dated 19.11.2015 under section 279,337, 304A IPC was registered at PS Gharaunda. Three members died on the spot. Kiran Sehgal succumbed to her injuries at the Panipat Civil Hospital. Sandeep Sehgal and Pallavi Sehgal were admitted to the Karnal Civil Hospital. The vehicle was being driven by Sanjay Sehgal. The occupants of the car were wearing seat belts at the time of accident. At the time of accident, the car was completely crushed beyond recognition. The car comes with dual airbags and ABS as standard along with Total effective control technology ensuring effective absorption and dispersion of crash energy.  Respondent No.2 sale a defective vehicle to complainant resulting that four family members were died due to respondent No.1 and respondent No.2 because when they met with an accident Air bags of the car were not deployed.  The Maruti Suzuki India (NEXA) has issued a recall for two of its top-selling cars Baleno and swift dzire over faulty airbag control software and faulty fuel filters. The company will be recalling 75,419 units of the Baleno for issue with the airbags and 1961 units of the swift dzire will be recalled for inspection and replacement of a faulty fuel filter. The Baleno which have been recalling include both petrol and diesel variants and were manufactured between 03.08.2015 and 17.05.2016.  Out of the 75419 Baleno 15,995 cars are diesel variant that was manufactured between 03.08.2015 and 22.03.2016.  The complainant suffered huge loss.   She has lost her beloved family members in the above said accident. Thus there was manufacturing defect in the vehicle.  There was deficiency in service and unfair trade practice on the part of the OPs.  OPs be directed to pay 95/- lacs alongwith 15% interest and 70,000/- as litigation charges.

 2.       OP No.1 and 3 filed joint reply controverting the averment