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CJI DY Chandrachud: The Supreme Court has directed luxury carmaker BMW India Pvt Ltd to pay Rs 50 lakh compensation to a customer for supplying a car with a manufacturing defect in 2009. A bench of Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Mishra set aside the order of the Telangana High Court.
In which the case filed against the leading car manufacturing company was dismissed and the company was asked to give a new vehicle to the complainant in exchange of the damaged vehicle.
The Supreme Court has ordered compensation
In its order dated July 10, the bench said, “Considering the facts and circumstances of this case, we are of the view that the manufacturer BMW India Pvt Ltd should be awarded Rs 50 lakh in full and final settlement of all the disputed claims. The amount should be ordered to be paid. The manufacturer shall pay this amount to the complainant on or before August 10, 2024.”
The bench took note of the fact that in June-July 2012 itself, the car manufacturer had offered to replace the old vehicle with a new one in compliance with the high court order. “However, the complainant did not agree to this,” the bench said. If the complainant had used the vehicle, its value would have depreciated till date.
The car was breaking down repeatedly
The bench said that during the hearing it was stated that the complainant had returned the old car to the car dealer. The complainant bought a BMW 7 Series car on September 25, 2009, which started breaking down after a few days.
On 29 September 2009, when the vehicle developed a major problem, the complainant took it to the workshop. Thereafter, the vehicle faced a similar problem on 13 November 2009. Finally, the complainant lodged an FIR on 16 November 2009 under Sections 418 and 420 of the Indian Penal Code, 1860.