A Consumer Commission in Telangana recently directed electric scooter manufacturer Benling to pay ₹10 lakhs as compensation to a customer after an electric vehicle's battery exploded [Kandi Shailaza and Anr. vs Benling India Energy and Technology Pvt Ltd and Anr.].A coram of President Gajjala Venkateswarlu and member Makyam Vijay Kumar of the District Consumer Disputes Redressal Commission at Medak emphasized that it is the manufacturer's responsibility to understand the causes of the explosion. However, in this particular case, the manufacturer showed a lack of concern, the Commission found."It is the duty of the manufacturer to understand the reasons for the explosion and assist the complainants to get recourse for the damages they suffered; however, in the instant case it appears that the manufacturers are least bothered to enquire into the incident and support the complainants despite several communications from the complainants. This prompts us to think over the safety of other similar consumers using the product of the OP NO.1 (Benling)," the Commission said.The Commission was hearing a complaint under Section 35 (1) of the Consumer Protection Act alleging that an electric scooter bought in April 2021 from Benling suddenly exploded in February 2023.The complainants sought a replacement for the scooter along with damages of ₹13.5 lakh and litigation expenses of ₹40,000. Alternatively, if a scooter replacement was not feasible, they requested compensation equivalent to its purchase price, along with an interest of 18 percent per annum.The complainants informed the Commission that despite complaints, neither the vehicle manufacturer not the vehicle dealer visited their residence or replied, prompting the complainants to send a legal notice.Though the manufacturer and the dealer were also served notices by the Commission, they did not appear. Accordingly, the Commission passed its order ex-parte.The Commission emphasized that vehicle battery explosion could be caused by numerous reasons and hence, it is appropriate for the manufacturer to understand the reasons for such an explosion and rectify the same.
"If it is persisting in all other vehicles sold by them, they may recall the products and rectify them to avoid potential loss of property and life," it explained.
However, Benling was negligent in handling the issue and did not bother to even reply to the notice or appear before it, the Commission noted.The Commission asserted that under Sections 84 to 86 of the Act, a consumer can claim remedy against a manufacturer if the goods are unreasonably dangerous and are defective because they are likely to jeopardize the safety of a reasonable user.From the material on record, the Commission concluded that the complainants were entitled to damages not only due to the defective product and services but also because of the product liability of the manufacturer and seller.
Hence, it partly allowed the complaint and directed the manufacturer and the dealer to jointly and severally pay the cost of the vehicle along with 9.5 percent depreciation per year or, in the alternative, replace the vehicle.Towards damages, it directed a payment of ₹10 lakh and for litigation expenses, a payment of ₹10,000.The complainants were represented by advocate Baglekar Akash.
TAGS: Consumer Commission Telangana Benling Compensation Electric ScooterBattery Explosion
