NCDRC junks plea against Mercedes over non-deployment of airbags

The National Consumer Disputes Redressal Commission (NCDRC) recently dismissed a complaint filed against car manufacturer Mercedes Benz India by a man who sought compensation for the non-deployment of airbags in his vehicle during an accidental collision..A Coram of President Subhash Chandra and Member Dr. Sadhna Shanker noted that as per the owner’s manual, the seat belt is required to be fastened for the airbags to deploy in case of an accident. It noted that according to evidence submitted by the Mercedes’ dealer, the seatbelt was not fastened during the collision.“The appellant's case that the airbags failed to deploy due to a manufacturing defect in the vehicle has not been established through any Expert Opinion as required under Section 13(1)(C) of the Act. On the contrary, there is evidence by way of affidavit brought on record by the respondent (dealer) that the seat belt had not been used which has also not been controverted. As per the Owner's Manual, the seat belt is required to be fastened for the air bags to deploy in case of an accident. As per the affidavit of the Service Manager of respondent no.2, the belt was not fastened. This evidence is not controverted," the Commission observed in its September 20 order..Further, NCDRC noted that as per the report of the police, the accident occurred due to rash and negligent driving on the part of the complainant. “Therefore the contention of the appellant that the air bags failed to deploy due to a manufacturing defect in the vehicle cannot be sustained," the NCDRC opined.Thus, it upheld the Andhra Pradesh State Consumer Commission's decision to dismiss the complaint, terming the State Commission order well-reasoned and detailed..The complaint was filed by Mohd. Hyder Khan, who submitted that he had suffered injuries on his head, neck and face due to an accidental car collision as the airbags in his Mercedes Benz car failed to deploy.He argued that the non-deployment of airbags was a manufacturing defect, in addition to the defects in the steering wheel and wipers of the car.After the State Commission dismissed this complaint, Khan filed an appeal before the NCDRC. He contended that the State Commission was wrong in concluding that the non-deployment of airbags was due to the failure to wear a seatbelt..Mercedes Benz India countered that the State Commission had rightly dismissed the complaint as no manufacturing defect or deficiency of service had been established by the complainant. It also maintained that the airbags did not deploy since the seat belt was not worn which, as per the owner's manual, was required as the primary restraint mechanism..Airbag failure: Supreme Court rejects Mercedes Benz defence that seat belt was sufficient protection.After considering the rival submissions, the NCDRC agreed that the complainant had not produced sufficient evidence to prove that there was any manufacturing defect and dismissed the appeal. .Advocates D Abhinav Rao and Devadipta Das appeared for the appellant (complainant) Mohd. Hyder Khan.Advocates Sidharth Sethi and Avinash Das represented Mercedes Benz India. Advocate K S Rama Rao represented Mahavir Motors (a dealer for Mercedes). .[Read Order]