Maruti Suzuki fined as airbags failed to open during accident

Tribune News Service

Faridkot, March 26

The District Consumer Disputes Redressal Forum has directed Maruti Suzuki India Limited to pay a fine of Rs2 lakh to a Faridkot resident as the airbags of his Swift Dzire ZDI-IX car failed to open at the time of an accident, leaving him and his mother injured.

In a complaint to the consumer forum, Rajiv Manhas said he had purchased the car from a dealer of Maruti Suzuki in Faridkot on April 2011 for Rs7.34 lakh.

In his complaint, Manhas said he paid Rs2 lakh extra for this model as it was equipped with airbags. He said the dealer had assured him that it would ensure the safety of passengers while commuting.

“On April 26, 2017, when I was travelling with my parents, I met with a road accident. We were wearing the seat belts. The front portion of the car was badly damaged, leading to injuries to me and my mother as the airbags failed to open,” he said.

The complainant said he paid Rs1.15 lakh for the repair work. Manhas added that he brought the matter to the notice of the dealer and manufacturer, but to no avail. Later, he filed a complaint with the commission.

The forum observed “the car was hit from its front side, causing complete damage to the frontal side and a person would expect the airbag to open”.

In the judgment, the forum said, “There was no doubt that a person purchases a vehicle having airbags and other safety measures by paying an extra amount for the same to ensure the safety of himself and his family while travelling. If after paying excess money, a buyer does not get required safety, it is deficiency in service on the part of the manufacturer of the vehicle.”

“Thus looking at the threat posed to the life of the complainant and co-passenger because of non-deployment of the airbags in the accident, the forum directes Maruti Suzuki to pay Rs2 lakh on account of harassment, mental agony to the complainant and damages to the car due to non-functioning of airbags at the time of accident and Rs5,000 as litigation expenses. The accident is not predictable. A person buys such a high-end car with thinking that the airbag feature will protect him or his co-passenger from the impact of the accident. However, in the instant case, it did not happen as the airbags of the vehicle, in question, did not inflate,” reads the judgment.