Consumer Court Penalizes Toyota and Its Dealer for Non-Deployment of Airbags During Accidents
Consumer Court Penalizes Toyota and Its Dealer for Non-Deployment of Airbags During Accidents
Orders a payment of Rs.60,000 to the complainant for mental harassment and litigation costs
The Chandigarh Bench of the District Consumer Disputes Redressal Commission (DCDRC) has ordered Toyota Kirloskar Motor Pvt. Ltd. and its dealer, EM PEE Motors, Pioneer Toyota, to compensate the complainant due to airbag deployment failures.
The Commission comprising Pawanjit Singh (President), Surjeet Kaur (Member), and Suresh Kumar Sardana (Member) recognized the importance of airbags as a critical safety feature in vehicles, designed to protect occupants during collisions.
The complainant, Nirbhay Garg alleged that his Toyota Innova vehicle, purchased in 2008, experienced airbag deployment failures during two separate accidents. The vehicle had been consistently serviced at EM PEE Motors, Pioneer Toyota, the dealer, located in Industrial Area, Phase 2, Chandigarh.
The first accident occurred in 2015, resulting in significant front-end damage. Despite the substantial impact, the airbags did not function. The second accident happened in 2020 when another collision caused front-end damage. Yet again, the airbags remained non-operational.
Garg complained that his attempts to address the issue with the dealer were futile, as the latter asserted there was no deficiency in its service.
Aggrieved, the complainant approached DCDRC, seeking compensation for mental distress and harassment caused by the repeated failures of airbag deployment.
While contesting the complaint, the dealer maintained there was no deficiency in its service. It highlighted that the complaint might be a result of the undisclosed fact that Garg had unpaid dues amounting to Rs.1,23,348 and additional charges.
The dealer implied that the complainant’s repeated accidents indicated he may not be a competent driver and suggested hiring a professional driver to prevent further damage. The dealer further argued that the vehicle's self-diagnosis system was functioning appropriately, indicating no inherent defects in the airbag system.
He emphasized that airbag deployment depended on factors like vehicle speed, impact angle, and collision force. It showed the vehicle's impact did not meet the criteria for airbag deployment, meaning the minimum threshold force required for deployment was not reached.
The Commission recognized the importance of airbags as a critical safety feature in vehicles, designed to protect occupants during collisions. It observed that as a consumer, the complainant’s expectations were valid, as he had purchased a vehicle equipped with airbags under the assumption that they would deploy in case of accidents. However, the repeated failures to activate during the accidents raised concerns about the effectiveness of the safety feature of the airbags.
The DCDRC further stated that the primary focus of the dealer should be on the functionality of the airbag system, which remained the core issue. While acknowledging the manufacturer's contention that airbag deployment depended on factors such as collision force and impact angle, it noted that the accidents involved substantial front-end damage. According to the safety standards, it would generally trigger airbag deployment.
The Commission, thus, directed the dealer and the manufacturer jointly to pay a compensation of Rs.50,000 to the complainant. Additionally, they were ordered to pay Rs.10,000 as litigation costs.
