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. It was a result of the battery exploding. Benling India is a subsidiary of China-based Benling.
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. 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.
Key Points
- Background of the Case: The case in question involves an electric scooter owner who is experienced significant issues with their vehicle,and also leading them to be the file and the complaint seeking compensation. The electric scooter, and also purchased with the expectation of the contributing to be sustainable and the eco-friendly commuting, and allegedly suffered from the persistent technical faults that substantially hindered its performance.
- Legal Proceedings: The legal battle unfolded as the electric scooter owner presented evidence of the persistent problems faced with the vehicle, arguing that these issues were not adequately addressed by the manufacturer. The court carefully examined the evidence, and it also including service records, and the communication between the owner and the manufacturer, and that is the expert testimonies. After a thorough evaluation,and the court determined that the electric scooter owner was entitled to be the compensation for the inconvenience, the mental anguish, and financial losses incurred due to the persistent technical faults.
- Implications for Consumer Protection: The court’s decision to award Rs 10 lakh in the compensation to the electric scooter owner marks a significant victory for the consumer protection in the context of the electric vehicles. As the EV market continues to be expand, and that is ensuring the rights and the atisfaction of the consumers becomes paramount.
- Technical Reliability and Industry Standards: As electric scooters become the increasingly popular, and it manufacturers must prioritize the quality and the reliability of their products to be avoid legal ramifications. Industry-wide standards for the manufacturing, the testing, and customer support can help establish a framework that ensures electric scooters meet certain benchmarks for the safety and performance.
- Manufacturer’s Response and Industry Accountability: In the aftermath of the court ruling, the spotlight is now on the manufacturer’s response and accountability within the electric scooter industry.
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.
2024-01-22 17:57:43
