ORDER

1.      Heard Mr. Anil Nag, Advocate, for the complainants and Mr. Vipin Singhania, Advocate, for the opposite parties.  

2.      M.R. Sood and others have filed above complaint for directing the opposite parties to pay (i) Rs.8/ crores-, as the compensation for accidental death of Ajay Kumar Sood; (ii) Rs.2/- crores, as compensation for committing unfair trade practice by opposite parties-2 and 3; (iii) Rs.one crore, as compensation for loss of love and affection; (iv) Rs.5/- lacs, towards medical expenses of complainant-1, who came in shock due to death of his son; and (v) any other relief, which is deemed fit and proper in the facts and circumstances of the case.

3.      The complainants stated as follows:-

(a)     M/s. Toyota Kirloskar Motor Private Limited (a Joint Venture of Kirloskar Group and Toyota Motor Corporation) set up an automotive industry in India and manufacturing cars in the brand name of ‘Toyota’. The opposite parties boast and advertised that the ‘Toyota’ was a world leader in research and development of advance automobile technology. Their mission that motivates ‘Toyota’ in creating an intelligent solutions for today’s mobility challenges and taking responsibility for future generations. They published a brochure on their official website mentioning therein that ‘Toyota Cars’ provides a Global Outstanding Assessment body, Side door impact beams, Head impact protection structure (soft upper interior), Collision test, Large diameter (14”) 4-wheel disk brake, Safety brake pedal design, Dual Supplementary Restraint System (SRS) airbags, 3 Point ELR/ALR seats belts and Collapsible steering column. ‘Toyota’ cars provide for world class safety to deliver reassurance to every passenger. Every new ‘Toyota’ is carefully designed to maximize safety, using computer simulations and real-life crash tests. The body and chassis are built to absorb impact and in case of collision, provide maximum protection of the occupants whilst SRS airbags in place. ‘Toyota Corolla’ comes packed with safety features. Disc brakes on all four wheels ensure that the power of the Corolla also comes with adequate stopping power.     

(b)  Believing upon the representations of the opposite parties in respect of advance engineering, safety measures, quality construction, reliability, after sale services facilities etc., Ajay Kumar Sood (son of complainant-1, husband of complainant-2 and father of complainants-3 and 4) purchased a ‘Toyota Corolla’, Registration No.HP-03 A-7997, on 05.04.2003, for Rs.1039000/- through Pioneer Toyota (OP-1) an authorised dealer of OP-2. After 15 days of its purchase, its rear axle broke. However, at that time the car was in slow speed as such no injury was caused to the persons siting in the car. Pioneer Toyota (OP-1) got it repaired although the deceased insisted to replace the defective car. First free service of the car was done on 03.10.2003. Ajay Kumar Sood, who had a valid driving licence, was going to Rishikesh from Shimla on 10.10.2003, driving above car and Mast Ram Sood, Kuldeep Chand, Shadi Lal and Prem Lal were sitting in it. As soon as the car reached at village Saraswat, district Saharanpur at about 2:45 hours, a truck, Registration No. HR-58-1895, coming from the opposite side, went on its right side and rammed over the car. In this accident, Ajay Kumar Sood received fatal injuries and died on spot. Mast Ram Sood received injuries on his chest, Kuldeep Chand on his head and Prem Lal got fracture in his hand. FIR of the incident was lodged and registered at Police Station Sarasavan, Saharanpur on 10.10.2003 at 9:30 hours as Case Crime No.178/03, under Section 279, 337, 338, 304-A, 427 IPC.  

(c)     The complainants informed OP-1 about the accident, who toy the car to its service centre and gave an estimate for its repair. The complainants informed OP-2 and requested to bear the expenses of repair and pay compensation for the death of Ajay Kumar Sood. Despite various requests for compensation, OP-2