Delhi HC Allows Buyer Of Allegedly Defective Second-Hand BMW Car To Proceed Legally Against Automobile Company

The Delhi High Court has restored BMW India as a party to a suit filed before the Additional District Judge by a buyer of a second-hand BMW 320D. The car had burnt down due to alleged defects within three months of its purchase.

The order was passed in an appeal against a previous order passed by the Additional District Judge in a suit to recover Rs 19,80,000 as damages from all defendants.

Earlier, the Additional District Judge had deleted BMW India and Deutsche Motoren from the list of parties in the suit.

The plaintiff had proceeded against BMW India and Deutsche Motoren who are defendants in the case, besides the dealer of the second hand car, the previous owner of the car, the insurance company, and the agency which had inspected the car before it was purchased.

However, BMW India had sought to delete its name on the ground that the suit is one for a claim arising out of an insurance policy. Though the company never disputed that it had manufactured the car in question, it contended that the warranty period had expired even before the purchase of the car by the plaintiff.

The court observed that in general, it is for the plaintiff in a suit to decide against whom it wishes to proceed and stated that the deletion of a party as a defendant in a suit was possible only after arriving at a determination that the party was neither a necessary nor a proper party to the suit.

The court also stated that in case BMW India and Deutsche Motoren are found not liable to compensate the plaintiff, they will be entitled to seek costs in their favor.