Consumer – Company Car Use by Director – Whether for commercial purpose
Deficiency in Service & Unfair Trade Practice – Car of Company on account of airbags of the car having not deployed / triggered
Important question – Whether the purpose of a vehicle / good by a Company for use / personal use of its Directors would amount to “commercial purpose” under the Consumer Protection Act.
HELD that the appellants failed to show that the dominant purpose or use of the car was for commercial purpose or had nexus with any profit generating activity of the respondent no.1 Company.
Defect in the airbags of the car – It is not disputed that neither the airbags on the front side nor the airbags on the side of the respondent no.2 causing grievous injuries.
Unfair Trade Practice of incomplete or non-disclosure of all details on functioning of the airbags at the time of promotion of the Car.
Judgment dated 9.7.2024 of the Supreme Court in Civil Appeal No.353 of 2008 of M/s. Daimler Charysler India Pvt Ltd Vs. M/s. Controls and Switchgear Company Ltd & another with the connected matters
