Toyota Kirloskar Motor P Ltd vs Mr.L.Sunil Reddy

Headnote AI-drafted · Reviewed and approved

The Civil Revision Petition was filed by Toyota Kirloskar Motor Pvt. Ltd. under Article 227 of the Constitution of India challenging the order of the National Consumer Disputes Redressal Commission, New Delhi dated 16.02.2024 passed in Revision Petition No. 2117 of 2019, which confirmed the order of the Andhra Pradesh State Consumer Disputes Redressal Commission at Vijayawada dated 02.07.2019, which in turn confirmed the order of the District Consumer's Forum, Kurnool dated 27.11.2014 in C.C. No. 56 of 2012.

The complainant (1st respondent) had purchased a brand new Toyota Innova 2.5 V(M4)(7S)(VX) model vehicle from Opposite Party No. 2 on 11.03.2011 for Rs. 12,43,045/-. The complainant alleged that when the vehicle met with an accident on 16.08.2011, the air bags failed to deploy, and that prior to the accident, heavy smoke had emanated from the clutch plates while driving in Bangalore, alleging that a defective vehicle had been supplied by the opposite parties. The petitioner contended that the SRS front air bags are designed to deploy only in severe frontal collisions where the magnitude and duration of forward deceleration exceeds the designed threshold level, and that deployment depends on specific impact conditions in conjunction with seat belt use.

The revision petitioner sought to set aside the concurrent findings of all three consumer forums below and to dismiss the original complaint. The interlocutory applications filed along with the CRP included a prayer for stay of further proceedings pursuant to the NCDRC order and a prayer by the respondent to vacate the interim order granted in IA No. 1 of 2024.

Catchwords: Consumer protection · defective vehicle · air bag non-deployment · Toyota Innova · SRS Supplemental Restraint System · Civil Revision Petition · Article 227 · National Consumer Disputes Redressal Commission · deficiency in service · motor vehicle defect