The District Consumer Disputes Redressal Commission, Ambala, has directed an automobile dealer and the manufacturer to replace an Audi and also compensate the complainant, after the buyer approached the commission with a complaint related to safety system fault in the premium SUV.Rajesh Batra of Ambala had purchased a new Audi Q3 40 TFSI SUV in August 2023 from a Chandigarh-based dealer at a cost of Rs 42.35 lakh. However, the complainant claimed that on the very next day of purchase, he noticed a serious defect in the vehicle when the instrument cluster displayed “Safety System Fault” along with continuous illumination of hazard warning lights and the airbag malfunction indicator.Since the defect was directly related to the safety mechanism of the vehicle, it caused a grave concern, fear, and shock to the complainant, as it compromised the essential safety features of the car.The complainant, who had approached the commission in January last year, submitted that upon informing the dealer, he was asked to bring the vehicle for inspection. Despite multiple visits to the workshop, repeated diagnostic scans, and temporary resetting of the system, the defect persisted.Subsequently, upon detailed inspection, it was revealed that critical components, including the passenger airbag sensor and the wiring cluster connected to the airbag control module, were defective and required replacement. During the process of repairs, substantial dismantling of the vehicle was carried out, including the removal of internal components.Despite repairs and replacement of parts, the complainant continued to experience issues and remained under constant fear and apprehension regarding the safety and reliability of the vehicle, the complainant submitted.In his plea before the commission, Rajesh Batra sought a replacement of the car with a new one, Rs 2 lakh for mental agony, and Rs 33,000 for litigation expenses from Chandigarh-based Ashwani Automobiles limited, its owner and the manufacturer (Audi India Division of Sakoda Auto Volkswagen).The commission, in its order, mentioned that the dealer failed to appear to put forth their version and were proceeded against ex parte, which indicates that they had no defence to offer against the allegations of the complainant.The manufacturer raised preliminary objections to the effect that the complaint discloses no cause of action against it and there is no deficiency in service on its part. It has no role in the alleged transaction. It also claimed that the complainant has failed to produce any expert evidence to establish the alleged manufacturing and mere allegations are insufficient in the eyes of law.The order of President of the commission Neena Sandhu reads that the counsel for the complainant submitted that the vehicle suffered from serious manufacturing defects from the date of its purchase. The repeated repairs and Replacement of essential components clearly establish the inherent defect in the vehicle.The order further reads, “The manufacturer appeared and contested, but its defence is found to be on weak footing. No doubt, the vehicle was under warranty; however, a consumer who spends a huge amount of more than Rs 42 lakh on a new vehicle cannot reasonably be expected to face major defects relating to safety systems like airbags, cluster fault immediately after purchase. The concern of the complainant regarding safety is genuine and cannot be overlooked. The job cards placed on record sufficiently establish that the vehicle suffered from serious defects in the safety system, which required replacement of critical components.”The commission directed the dealer and manufacturer, jointly and severally, to replace the defective vehicle with a new one, of the same model and specification, free of cost. They will also pay Rs 7,000 for mental agony and physical harassment suffered by the complainant and pay Rs 5,000 as the cost of litigation to the complainant.