The case of a faulty BMW car was going on for 15 years, the matter reached the Supreme Court, the CJI’s bench settled the matter like this

New Delhi. The Supreme Court on Wednesday exercised its wide powers under Article 142 of the Constitution to settle an unusual 15-year-old dispute involving a BMW 7-Series car after its delivery was found to be defective and the buyer had filed a fraud case against BMW India and its directors.

According to a report in the Times of India, the car was purchased by a firm GVR Infra Projects Ltd from a dealer in Hyderabad on September 25, 2009, but while the vehicle was being driven from the showroom to the owner’s house, a serious fault was noticed in it. The car was repaired, but the problem reappeared three months later. The disappointed buyer filed a police complaint against BMW India, its managing director and other directors, accusing them of cheating him by delivering a faulty car. BMW approached the Telangana High Court to quash the cheating FIR.

On 23 March 2012, the High Court dismissed the prosecution against BMW and took suo motu cognizance and ordered the car maker to replace the defective car with a new one. BMW accepted the High Court’s decision and agreed to replace the defective car with a new one. However, the buyer did not accept the offer. The buyer approached the Supreme Court challenging the High Court’s order.

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Supreme Court’s decision

On Wednesday, a three-judge bench headed by Chief Justice of India DY Chandrachud ruled that continuing with the fraud case after such a long time would be against justice. He said that BMW India had offered to replace the defective car with a new one in 2012 itself, which the buyer refused and asked for a refund.

The court admitted that it would not be fair to pursue the old case, but compensation was necessary. Considering the depreciation in the price of the car over the years, they considered Rs 50 lakhs to be a fair compensation for the buyer.

Let us tell you that Article 142 of the Indian Constitution gives the Supreme Court the power to pass such decree or order as is necessary to do complete justice in any case pending before it.

Tag: auto news, Car Bike News, Supreme Court