The case of defective BMW car was going on for 15 years, the case reached the Supreme Court, this is how the CJI bench settled the case.

New Delhi. The Supreme Court on Wednesday, using its wide powers under Article 142 of the Constitution, settled a 15-year-old unusual dispute related to the BMW 7-Series car. Actually, after delivery of the car, it was found to be defective and due to this the buyer had filed a case of fraud against BMW India and the directors.

According to a report in Times of India, the car was purchased by a firm, GVR Infra Projects Limited, from a dealer in Hyderabad on 25 September 2009, but a serious defect was noticed while taking the vehicle from the showroom to the owner’s home. In such a situation, the car was repaired, but after three months the problem recurred. The disappointed buyer lodged a police complaint against BMW India, its managing director and other directors and accused them of cheating by giving him a defective car. BMW approached Telangana High Court to quash the fraud FIR.

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

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Supreme Court’s decision

On Wednesday, a three-judge bench led by Chief Justice of India DY Chandrachud ruled that it would be contrary to justice to continue the fraud case after such a long time. He said that BMW India had offered to replace the damaged car with a new car in 2012 itself, which the buyer rejected and instead asked for a refund.

The court accepted that it would not be justified to pursue the old case, but it was necessary to pay compensation. Considering the decline in the car’s value over the years, he considered Rs 50 lakh to be a fair compensation for the buyer.

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

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