The principle of 'res ipsa loquitur' applies to attribute liability for manufacturing defects when the defense fails to provide satisfactory evidence against the consumer's claim.

1. Heard Mr. Abhijeet Sinha, Advocate, for the appellant, Mr. Vipin Singhania, Advocate, for respondent-1 and Mr. Siddharth Sachar, Advocate, for respondent-2, through video conferencing.

2. This appeal has been filed against the order of State Consumer Disputes Redressal Commission, Maharashtra, at Nagpur, dated 19.11.2015, passed in Consumer Complaint No. 09 of 2008, whereby the complaint was dismissed.

3. Vinod Premchand Rohida (the appellant) filed Consumer Complaint No. 09 of 2008, for directing M/s. Skoda Auto India Pvt. Ltd. and Navnit Cars Private Ltd. (the respondents) to pay Rs. one crore as compensation within reasonable period, failing which they may be directed to pay interest @ of 2% per month, on this amount, cost of the litigation and any other relief which may be deem fit and proper in the circumstance of the case.

4. It has been stated in the complaint that M/s. Skoda Auto India Pvt. Ltd. (opposite party-1), who was manufacturer of Skoda Octavia car gave lucrative advertisements as “Obsess with quality since 1895. Engineered with passion, built with love, lowest fuel consumption etc.” “TDI engine features direct like injection at high pressure through 5 nozzles, directly into respective combustion chamber. The combustion air compressed by turbo charger and immediately cooled, reached the chamber through a specially shaped inlet squirrel port, positioned in the piston crown”. Attracted with the above literatures, the complainant purchased a Skoda car, Model Skoda Octavia 1.9, Variant L & K 1.9 TDI, Engine No. ALHE09173, Chassis No. TMBAGATU76A006047 and Registration No. MH-31 BT-007, for Rs.13,84,299/- on 20.03.2006, from Navnit Cars Private Ltd. (opposite party-2), who was an authorised dealer of M/s. Skoda Auto India Pvt. Ltd., for his personal use as well as for use of his family, with the financial assistance of Magma Shrachi Finance Limited, Hill Road, Ramnagar, Nagpur. The complainant and his brother Kishor knew car driving and had driving licences, in his family. He also employed one driver namely Rajesh Yadav s/o Kishori Lal Yadav, who also had driving licence, issued by R.T.O. Nagpur. At the time of the purchase, Private Car Package Policy, was obtained from Oriental Insurance Company Ltd., which was renewed on 07.03.2007 and was effective on the date of incident. The complainant maintained the car meticulously from the date of its purchase, in the best way. No new thing was done or installed in the car. The car was regularly sent for servicing to the authorised service centre of the company on 21.08.2006, 11.12.2006 and 16.04.2007, i.e. due dates for free service. The complainant did not notice any defect till the date of incident nor had the service centre pointed out any defect at the time of service, in the car. Kishor, the brother of the complainant, went to the house of his father-in-law at Rampuri Comp, Amravati, on 29.05.2007, along with his wife Smt. Reshma, daughters Saniya Rohida (11 years) and Tanisha Rohida (2 years), in the aforesaid car, with the driver Rajesh Yadav. They were returning from Rampuri to Nagpur on 31.05.2007, at about 1.30 PM, in the car. At about 2.30 PM, the car reached near village Talegaon, Shiwar, (at a distance of one kilometre from the place of mishap), the driver noticed that the smoke was coming from the bonnet of the car. The driver stopped the car in the side of the road. The driver Rajesh Yadav and Kishor, his wife and daughters came out to the car hurriedly. The driver tried to op