New Delhi, Apr 9 The National Consumer Disputes Redressal Commission has dismissed a complaint alleging a manufacturing defect in a Jaguar Land Rover vehicle after finding no evidence that the failure of the driver-side airbag to deploy during an accident was due to any inherent defect.
A bench of NCDRC president Justice AP Sahi and member Bharatkumar Pandya was hearing a complaint filed by Harvinder Singh Bhullar against Jaguar Land Rover, Tata Motors Ltd and dealer AMP Motors over a 2010 Range Rover "Autobiography" model vehicle.
The complainants had alleged that during an accident in December 2013, the driver-side airbag did not deploy while the passenger-side airbag opened despite the seat being unoccupied, causing trauma and injury to the driver.
"The services of the airbag being complained of beyond the warranty period cannot extend any benefit or cause to the complainant to claim any indemnification for an alleged defect. The background of the case, therefore, on these peculiar facts does not warrant a relief on the allegations of deficiency made by the complainant against the opposite parties," the bench noted.
Bhullar had sought replacement of the vehicle or a new car with an extended warranty, along with compensation of Rs 5 crore for alleged manufacturing defects and deficiency in service.
The bench examined technical reports, including an analysis by the car manufacturer of the restraint control module and event data recorder.
The report indicated that the passenger-side airbag deployed because the threshold for an unbuckled seat was reached, while the driver-side airbag did not deploy as the driver's seat belt was buckled and the crash severity did not meet the required deployment threshold.
"This explanation through the reports as noted above has not been countered by any other report or material by the complainant. In our opinion, after the opposite party has discharged their burden by bringing on record certain reports, then the onus shifted on the complainant to have brought forth any other material to doubt the same," the bench said.
The commission observed that the available technical material could not be rejected in the absence of any expert evidence contradicting it. It held that the opening of the passenger-side airbag itself suggested that there was no inherent manufacturing defect in the system.
"In the instant case, the passenger seat airbag had opened, and therefore it cannot be said that there was any inherent manufacturing defect in respect of the sensors of the driver seat where the airbag did not open. On the other hand, had there been a manufacturing defect or any other defect, the airbag on the passenger seat side would not have probably opened," the bench said.
While noting that the vehicle manual did not clearly explain the technical logic governing such deployment scenarios, the commission said this could indicate a lack of information to the consumer, but did not establish a manufacturing defect in the vehicle.
"The vehicle in question cannot be presumed to have a warranty in eternity, even if it was a high-end vehicle. It was certainly not a class of vehicles, as is heard about a Rolls-Royce that guarantees perfection throughout the life of the vehicle," the bench said.
Representing the Jaguar Land Rover India Limited, Karanjawala and Co. submitted before the bench that the vehicle had been repaired and driven for over 50,000 km after 2014 without any complaint, which further negated the allegation of a manufacturing defect.
The bench also found that the accident occurred after the three-year warranty period had expired and that the original purchaser had already sold the vehicle before filing the complaint, weakening the claim for replacement or compensation.
In view of these findings, the commission held that no relief could be granted and declined the claims made by the complainants.
