Fighting for more than 12 years across multiple consumer courts is a perfect example of – ‘justice delayed is justice denied’
While there are lakhs of satisfied Innova users, the experience was quite the opposite for Mr Sunil Reddy. In an accident with an auto rickshaw, the airbags of the Innova had failed to deploy. It had resulted in injuries to the occupants. The owner had to further endure a legal battle of around 12 years. It could take even longer to get justice if the recent NCDRC order is challenged in higher courts.
Innova airbag case details
The owner had purchased a Toyota Innova VX Diesel 7-Seater model in March 2011 from Nandi Toyota Motor World dealership, Bengaluru. The accident with the auto rickshaw had occurred in Kurnool district in Andhra Pradesh. The car was later handed over to Nandi Toyota Motor World.
According to the owner, the dealership started repairs on the car without providing any intimation or estimation. The company/dealer also refused to take responsibility for the airbag not opening. As such, the demand for compensation from the owner was rejected. After getting no response to a legal notice, the owner filed the case in the District Consumer Forum.
Frontal vs. side collision debate
Proceedings in this case have focused largely on determining whether it was a frontal collision or a side collision. The legal team of Toyota/Dealership argued that the SRS airbags in the Innova model were designed to deploy only in severe frontal collisions. In this particular accident, the collision had occurred on the left side of the car. This is why the airbags did not open.
Toyota’s lawyers also said that airbag deployment is also based on the rate of deceleration. Such factors were not considered by the District Consumer Court or the State Commission, claimed Toyota’s legal team. Even when such information is clearly mentioned in the Owner’s Manual.
Airbags in older cars are also not designed to deploy in case of rear collision or roll over. SRS airbags are also not usually designed to inflate during low-speed frontal collisions. Despite these facts, the District and State Commissions treated the accident as a frontal collision. They identified the airbag not opening as a deficiency in service.
The District Consumer Forum ordered Toyota / Dealer to provide a new Innova of the same model to the complainant. If not available, the full cost of the car was to be refunded, along with 9% interest per annum. The court also ordered compensation for Rs 10,000 for mental agony and Rs 5,000 towards litigation costs.
Arguments in NCDRC
The order of the District Forum was upheld by the State Commission. Not satisfied with the decision, Toyota escalated the case with NCDRC. Experts were brought in from both sides, arguing primarily on frontal vs side collision. Eventually, the FIR filed by the auto driver revealed that it was in fact a frontal collision. It was a crucial piece of evidence that worked in favour of the complainant.
NCDRC has ordered that the vehicle involved in the accident will be handed over to Toyota/Dealer. Compensation amount declared is Rs 32,07,506.875. It includes the original cost Rs 15,09,415 and 9% interest per annum for 12.5 years. The court has directed Toyota/Dealer to implement the order within 30 days. It remains to be seen if Toyota/Dealer will compensate the complainant or if they will file an appeal in the High Court.
