Recently, an electric scooter manufacturer named Benling India was ordered by the Telangana Consumer Commission to compensate a consumer whose vehicle’s battery exploded by paying Rs 10 lakhs, reports Bar and Bench. Benling India is a subsidiary company of its counterpart in China.
It is the manufacturer’s responsibility to determine the causes of the explosion, according to a coram comprising District Consumer Disputes Redressal Commission member Makyam Vijay Kumar and President Gajjala Venkateswarlu at Medak. But the Commission concluded that the manufacturer in this instance displayed a lack of concern.
“It is the duty of the manufacturer to understand the reasons for the explosion and assist the complainants to get recourse for the damages they suffered; however, in the instant case it appears that the manufacturers are least bothered to enquire into the incident and support the complainants despite several communications from the complainants. This prompts us to think over the safety of other similar consumers using the product of the OP NO.1 (Benling),” the Commission said.
A complaint filed under Section 35 (1) of the Consumer Protection Act, which was being heard by the Commission, stated that an electric scooter that was purchased from Benling in April 2021 abruptly burst in February 2023.
In addition to Rs 13.5 lakh in damages and Rs 40,000 in legal fees, the complainants demanded a replacement for the scooter. If a replacement scooter was not possible, they asked for a payment equal to the cost of the original scooter plus 18% annual interest.
The complainants notified the Commission that they had sent a legal notice since, however, despite their complaints, neither the car dealer nor the manufacturer had come to their home or responded.
The Commission also sent notices to the dealer and the manufacturer, but they did not show up. Consequently, the Commission passed its order ex-parte.
The Commission underlined that a car battery explosion can occur for a variety of causes, thus it is appropriate for the manufacturer to identify and address those reasons.
“If it is persisting in all other vehicles sold by them, they may recall the products and rectify them to avoid potential loss of property and life,” it explained.
However, the Commission pointed out that Benling handled the situation carelessly and neglected to even respond to the notice or show up for it. Further, the Commission highlighted the statutory liability of product manufacturers under the Consumer Protection Act for selling defective products and directed the company to pay Rs 10 lakh in compensation to the complainant.
In 2022, the Central Government ordered a probe into the case of 40 electric scooters from Jitendra Electric Vehicles catching fire in Nashik. The Centre had roped in experts from various institutions in the country as part of the investigation. Investigative activities started after similar incidents broke out in Pune, Vellore and Trichy.
Experts have counted the rise in temperatures during summer as one of the main reasons behind the EV batteries catching fire. Besides this, poor battery designs have also been blamed.
