Question

Steven had a tough day on 21^st December when he got severely injured in a car accident (the main cause of the accident was Steven’s loss of control over the car) and was unable to work for six months. Steven had recently bought this car and it was the latest model launched by the company just a month back. The car he was driving was in perfect condition at the time of the accident. The investigators found that the model of the car had defective airbags and reported that the airbags did not work properly at the time of the accident resulting in serious injuries to Steven. The investigators also found that the car had defective brakes which was the main reason behind Steven’s loss of control over his car. The report further concluded that had the airbags worked properly, Steven’s injuries would have been far less than what he suffered. Steven now wants to sue the manufacturer of the car for damages (because the car had defective airbags).

Required:

Identify the consumer law applicable to the above situation and advise Steven as to whether he has any remedy against the manufacturer? Mention the relevant section/s of the Act wherever applicable. Also, give one precedent in support of your answer.

Answer 1

The consumer law applicable in the above case is Right to safety.

Right to safety-Means right to be protected against the marketing of goods and services, which are hazardous to life and property. The purchased goods and services availed of should not only meet their immediate needs, but also fulfil long term interests.

The remedies which are available for stephen as a consumer are:-

• Removal of Defects:
• Replacement of Goods:
• Refund of Price:
• Award of Compensation:
• Removal of Deficiency in Service:
• Discontinuance of Unfair/Restrictive Trade Practice:
• Stopping the Sale of Hazardous Goods

For example- A person who felt ill due to wrong medicines given by a doctor can compensate the amount in the court against the chemist.