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2017 Supreme(Online)(NCDRC) 929

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
V.K. JAIN, J
CG POWER & INDUSTRIAL SOLUTIONS LIMITED – Appellant
Versus
MERCEDES-BENZ INDIA PRIVIATE LIMITED – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Amir Z. Singh Pasrich, Mr. Sanjay Bajaj, Mr. Kalyan Arambam, Mr. Kaustubh Seth, Mr. Shuendra Mishra
For the Respondents: Mr. M.S. Pandit, Mr. Harish Sandhu

ORDER

JUSTICE V.K. JAIN, PRESIDING MEMBER

Complainant No.2 before this Commission, namely, Sudhir M. Trehan was the Managing Director of complainant No.1 - Crompton Greaves Ltd. Complainant No.1 purchased a Mercedes Benz E240 Car on 27.11.2002 for a consideration of Rs.45,38,123/- from OP-3, an authorized dealer/agent of OP-1 Daimler Chrysler India Pvt. Ltd., for the use of its Managing Director. According to the complainants, while launching the aforesaid model in October 2002, the opposite parties elaborated its safety system which incorporated front air bags, side air bags and window bags with crash sensors. According to the complainants, the OPs guaranteed correct operation of the air bags interalia (i) if no stickers or badges were attached and / or (ii) the restraint systems (air bags, seat belts, belts tensioners, child seat and child seat recognition) had not been modified. It is also stated that driver’s air bag is triggered if a front-end impact occurs and if the force of the collision exceeds a predetermined level and that is independent of the side bags and window bags. The features of the air bags are described as under in para 8 of the complaint:-

Technically speaking,

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