Viral videos of electric scooters catching fire have dented consumer confidence, even though EV sales continue to scale new heights
In a significant win for consumer rights, a Consumer Commission in Telangana has directed Benling India and its dealer to pay Rs 10 lakh compensation to the complainant. The case involves a Benling electric scooter that had caught fire in February 2023. It was a result of the battery exploding. Benling India is a subsidiary of China-based Benling. There are currently three EV products on offer – Aura, Falcon and Kriti.
Benling India electric scooter fire case
According to the complainants, the Benling electric scooter was purchased in April 2021. In February 2023, the scooter’s battery exploded, resulting in fire. The scooter was mostly destroyed as a result. The complainants asked Benling India and the dealer to replace the electric scooter. Or, if that was not possible, the complainants be paid the original price of the scooter, along with 18% interest per annum.
The complainants alleged that despite filing their complaint, there was no response from Benling India or the dealer. A decision was made to send a legal notice. The complainants sought compensation worth Rs 13.5 lakh, along with litigation expenses of Rs 40,000. The Consumer Commission had also sent notices to Benling India and the dealer. However, they did not respond and failed to appear before the commission.
Consumer Commission orders Rs 10 lakh compensation
At the District Consumer Disputes Redressal Commission at Medak, a coram of President Gajjala Venkateswarlu and member Makyam Vijay Kumar noted that it is the responsibility of the manufacturer to identify the cause of the battery explosion. But in this case, the commission noted that the manufacturer did not show any proper concern. The commission also noted that the manufacturer had failed to respond despite multiple complaints filed by the complainants.
The commission felt that such lack of concern can affect the safety of other consumers who may be using the same product. A number of factors could have led to the battery explosion. It is the OEM’s responsibility to identify the cause of the incident and take measures to prevent a recurrence. OEMs can also issue a recall if they feel that other scooters have the same issue.
The commission said that Benling India failed to respond and did not appear during the proceedings of the case. The commission pointed out to the statutory liability pertaining to defective products that was applicable on manufacturers under the Consumer Protection Act. This can hold manufacturers liable for any defective product. The consumer is not even required to prove actual negligence.
Further, the commission noted that a consumer can claim remedy under Sections 84 to 86 of the Act. This can be done when a product is unreasonably dangerous and can potentially affect the consumer’s safety. Based on such factors, the commission said that the complainants were entitled to receive not just the cost of the product, but also the compensation for product liability.
The commission ordered Benling India and the dealer to jointly pay the cost of the vehicle, while factoring in 9.5% depreciation per annum. Or, an option to replace the scooter was provided. Towards damages, the commission ordered a compensation of Rs 10 lakh. And payment of Rs 10,000 for litigation expenses.
While the judgement is a win for the complainants, it could be challenged in a higher consumer forum or other court of law. We hope that the matter is amicably resolved, as court cases can stretch for years and lead to significant financial strain and emotional torment.
Source
Source: Bike - rushlane.com
