SC stays NCDRC order asking BMW to switch broken automobile of buyer with new one


New Delhi, September 22

The Supreme Court has imposed an interim keep on an order of shopper fee NCDRC directing German car firm BMW to compensate a buyer by changing his automobile with a brand new one after it obtained broken in an accident.

A bench headed by Justice D Y Chandrachud issued notices to the client, Dassault Systemes India Private Limited,  Bajaj Allianz General Insurance Company Limited, Bird Automotive Pvt Ltd and sought their replies.

“There shall be an interim stay of the judgment and order of the National Consumer Disputes Redressal Commission (NCDRC) dated 10 December 2019, pending further orders… List the Special Leave Petitions for final disposal after four weeks,” stated the bench additionally comprising Justices Indu Malhotra and Ok M Joseph.

The apex courtroom was listening to an enchantment filed by BMW difficult the NCDRC order.

NCDRC on December 10, 2019 directed BMW to compensate a buyer by changing his automobile with a brand new one of many identical mannequin after it obtained broken in an accident.

It requested Bajaj Allianz and BMW to compensate the loss incurred by a Delhi resident Mukul Aggarwal after the automobile, which was insured below the BMW Secure coverage, met with an accident.

Under the BMW Secure coverage, a broken automobile is changed with a brand new one upon affirmation of complete lack of automobile by a survey report.

The NCDRC additionally requested the corporate to pay Aggarwal all of the bills incurred, together with the registration, street tax and logistics costs paid by him.

The fee, whereas upholding the state fee’s order, dismissed the overview pleas filed by BMW and the insurance coverage firm, holding it responsible of poor service for repudiating Aggarwal’s declare, which was made after his automobile obtained badly broken in an accident in July 2012.

“Now, since it has been held that the repudiation of the claim by the insurance company (Bajaj Allianz) was wrong and amounted to deficiency in service, under the BMW secure policy, the complainants are entitled for a new car from the appellant,” the NCDRC stated in its order. PTI



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