Imagine your brand-new car gets crashed just 45 minutes after taking delivery. You’d be devastated, right? Well, we are sure you would be. However, what will be more devastating is knowing that despite a hefty crash, the airbags of your car did not even deploy. Yes, as brutal as it may seem, this actually happened to a doctor from Chandigarh.
Following this, the State Consumer Disputes Redressal Commission of Chandigarh has now ordered Mahindra & Mahindra to compensate the customer. The court has ordered the company to pay Rs 13.32 lakh for the non-functional airbags of a brand-new XUV300.
Mahindra Asked to Pay Full Price
According to reports, Dr. Tarunpreet Saini, a doctor at the Postgraduate Institute of Medical Education and Research (PGIMER), Chandigarh, purchased a Mahindra XUV300 TGDI W8 petrol car on October 30, 2022. It was stated that she paid a total of Rs 12,97,010. This was the on-road price paid by her, which included the sale price, insurance, registration charges, and taxes.
Following this, Dr. Saini took delivery of the car on November 24, 2022, from Harbir Automobile, a Mahindra dealership in Chandigarh. Immediately after receiving the vehicle, Dr. Saini was accompanied by a sales assistant from the dealership. They both then drove the car to a nearby petrol station to fill the tank.
As reported, it was during this initial drive that Dr. Saini noticed an unusual smell in the cabin of her new Mahindra XUV300. She was reassured by the sales assistant that the smell was normal in a brand-new car. He cited that it was coming from the plastic wraps used during transportation.
However, what began as a normal drive turned into a nightmare when her new car collided with another car, and then crashed into the boundary wall of the showroom. Reportedly, this incident occurred at around 7:15 pm, just 45 minutes after Dr. Saini had taken delivery of the vehicle.
Thankfully, Dr. Saini only sustained minor injuries. It was stated in the report that she was shocked to discover that the airbags in her brand-new car did not deploy during the accident. This raised a huge concern for the doctor.
What Happened Next?
Following the accident, Dr. Saini immediately returned to the dealership. She then started questioning the dealership representatives about the non-functional airbags. In response, the representatives claimed that the airbags did not deploy because the accident was minor. After being unsatisfied with this explanation, Dr. Saini lodged a formal complaint.
This complaint was registered with Mahindra & Mahindra and the dealership on November 26, 2022. She demanded an explanation and assurance of the vehicle’s safety. Dr. Saini particularly asked about the functionality of the airbags, which are a critical safety feature.
It was reported that on December 19, 2022, the dealership informed Dr. Saini that the vehicle had been repaired and was ready for her to take delivery. However, Dr. Saini refused to accept the car. She stated that there was an absence of a statutory safety assurance from the dealership.
She then repeatedly requested that the dealership provide a formal assurance of the vehicle’s safety. She added that before she would consider taking delivery of the car again, she needed to hear about the safety assurance from the company.
Legal Battle and Lower Commission’s Decision
Following the back-and-forth with the dealership and getting frustrated by the lack of response and safety assurance, Dr. Saini decided to take legal action. She issued a legal notice to Mahindra & Mahindra and subsequently filed a complaint with the Consumer Commission.
Upon hearing the case, the lower Consumer Commission ruled in favor of Dr. Saini. The Commission ordered Mahindra & Mahindra to refund the full purchase amount of Rs 12,97,010 to Dr. Saini.
Additionally, the company was directed to pay Rs 25,000 as compensation. The court stated that this was for the mental agony and distress caused to the complainant and Rs 10,000 towards the cost of litigation.
Mahindra’s Response
Following this legal action, Mahindra & Mahindra did not immediately comply and instead contested the decision of the lower Commission. It then filed an appeal with the State Consumer Disputes Redressal Commission of Chandigarh. In their appeal, the company argued that the accident was minor and caused by the negligence of Dr. Saini.
Mahindra stated that there was no deficiency in service on their part. They emphasized that the airbags did not deploy because the collision was not severe enough to trigger them. Following this, the State Commission, after carefully reviewing the case, upheld the decision of the lower Commission.
The State Commission noted that the accident occurred within 45 minutes of the vehicle’s delivery and caused substantial damage to the front portion of the car. This was also evidenced by photographs, added the court. The Commission then rejected Mahindra’s claim that the accident was minor.
It also ruled that the damage was significant enough to warrant the deployment of airbags. The State Commission then concluded that the non-functional airbags constituted a serious deficiency in service on the part of Mahindra & Mahindra.
As a result, the Commission ordered the company to comply with the lower Commission’s ruling. It has asked the company to pay Dr. Saini a total of Rs 13.32 lakh. This includes the refund of the purchase price, compensation, and litigation costs.
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