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Old 4th January 2009, 11:43   #16
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Oops Rohan. Really shocked to see this. And sorry this has to happen to your car. Take care of yourself and we'll pray you are not put to unnecessary hassle and that you get a new car soon..
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Old 4th January 2009, 11:57   #17
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A bad start to the new year is what i can say.
Dont let them go away with it. Make them pay for every damage.

All the best
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Old 4th January 2009, 12:04   #18
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and make sure they dont touch your insurance.
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Old 4th January 2009, 12:05   #19
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I would suggest you hire a good competant lawyer and brief him to what happened. He might advise you to lodge neccesary complaints with authorities. This would cause you money and time, but better be safe than sorry.

Last edited by aseem : 4th January 2009 at 12:11.
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Old 4th January 2009, 12:05   #20
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Quote:
Originally Posted by vasudeva View Post
The job card may in all probability have the standard clauses protecting the dealer from all liabilities. IMHO, your best chance initially may lie in writing to Maruti and dealer's top management, and if that fails, a judicial process.

Check your job card and T&C for service.
Just because they put a disclaimer on the reverse side of the bill does not mean that they can do anything and get away with it scott free, there have been legal procedings to this effect and you can refer those

Quote:
Originally Posted by rohan_fonseca View Post
Thats all i'm glad for at the moment. Passed the correspondence between us and the dealership to the police just incase they try to frame me in the process.
Do ensure that you have a copy of all the communication that happens for yourself

Quote:
Originally Posted by WanderNomad View Post
Sad to hear that Rohan! I suggest you pressurise the dealer to get the vehicle freed at the earliest and give you a replacement vehicle till then.

A lot of times accident vehicles remain in Police custody for very long so if thats the case, press him for a new vehicle.
The RTO will have to inspect the vehicle to certify its road worthiness , only after that can the vehicle be released from police custody and that too after executing an agreement on bond paper that the vehicle will not be sold off or modified in any respect till the legal proceedings with respect to this cases is over.

May the departed soul rest in peace, but brace youself to face the legal tussles that you are gonna get hit with , i know this is bad but such is the sorry state of affairs with our judiciary !

Also ensure that you do not get in touch with the test driver or the victim unless your lawyer is present , and yes at this stage it would give a lot of peace of mind to get yourself a good lawyer .
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Old 4th January 2009, 12:07   #21
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Quote:
Originally Posted by greenhorn View Post
and make sure they dont touch your insurance.
green horn i dont think that this is a possibility as the incident has resulted in the loss of a life.
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Old 4th January 2009, 12:31   #22
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This has a similarity with the infamous Metro Ford case, wherein the customer's car was damaged during a test drive by the dealer. You could use that as a reference.

May the departed RIP, and hope that the legal proceedings do not involve much of your precious time in the process.
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Old 4th January 2009, 20:05   #23
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Thanks guys for all the support. Does anyone have the adresses of maruti headoffice. Phone nos will help as well.
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Old 4th January 2009, 20:21   #24
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Head Office:
Maruti Suzuki India Limited
Plot No. 1, Nelson Mandela Road,
Vasant Kunj,
New Delhi-110070
Board no.46781000
Fax : 46150275 and 46150276

Its there on their website. LINK
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Old 4th January 2009, 20:26   #25
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There you go

Head Office
Maruti Suzuki India Limited
Plot No. 1, Nelson Mandela Road,
Vasant Kunj,
New Delhi-110070
Board no.46781000
Fax : 46150275 and 46150276
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Old 4th January 2009, 21:53   #26
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Quote:
Originally Posted by vasudeva View Post
The job card may in all probability have the standard clauses protecting the dealer from all liabilities.
A single sided clause/ contract or MoU in which you cant negotiate is not accepted in Indian court as per my knowledge.
So let those guys write whatever in their clause, I think you are safe at least with respect to the clause thing...
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Old 4th January 2009, 22:30   #27
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Quote:
Originally Posted by hellstar View Post
Just because they put a disclaimer on the reverse side of the bill does not mean that they can do anything and get away with it scott free, there have been legal procedings to this effect and you can refer those
All such disclaimers cannot contravene any laws or Acts that are effective in our territory.The Motor Vehicles Act 1988 that is presently the law that deals with such cases also has a clause wherein the owner of any motor vehicle is liable for the outcome of any criminal act that may result if the vehicle he or she owns is handed over to a driver who does not possess a valid driving licence and /or is engaged in any criminal act.The owner's liability was nowhere in the 1939 I.M.V.Act that was repealed to enforce the current Act in 1988.
In your case the garage's liability starts, if the mechanic did not possess a valid driving licence since you had handed the vehicle for repairs.So please verify the police FIR by getting a copy of it(you can use the Right to Information Act 2005 to get the FIR if the police don't act straight) immediately and see what sections under the IPC and the MV Act have been invoked.
Next, consult a good criminal lawyer and file immediately for damages under the Criminal Procedure Code, 1973, for a substantial amount for torture, harassment, mental agony, trauma after giving a 15 day's time limit, legal notice to the garage owner.
Approach the local press and publicise the incident where the dealer is involved (if the latter does not co-operate).
Its a very sad event and can happen to anyone of us.

Last edited by Technocrat : 5th January 2009 at 12:41. Reason: Fixed quote
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Old 4th January 2009, 23:01   #28
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Quote:
Originally Posted by anjan_c2007 View Post
All such disclaimers cannot contravene any laws or Acts that are effective in our territory.The Motor Vehicles Act 1988 that is presently the law that deals with such cases also has a clause wherein the owner of any motor vehicle is liable for the outcome of any criminal act that may result if the vehicle he or she owns is handed over to a driver who does not possess a valid driving licence and /or is engaged in any criminal act.The owner's liability was nowhere in the 1939 I.M.V.Act that was repealed to enforce the current Act in 1988.
In your case the garage's liability starts, if the mechanic did not possess a valid driving licence since you had handed the vehicle for repairs.So please verify the police FIR by getting a copy of it(you can use the Right to Information Act 2005 to get the FIR if the police don't act straight) immediately and see what sections under the IPC and the MV Act have been invoked.
Next, consult a good criminal lawyer and file immediately for damages under the Criminal Procedure Code, 1973, for a substantial amount for torture, harassment, mental agony, trauma after giving a 15 day's time limit, legal notice to the garage owner.
Approach the local press and publicise the incident where the dealer is involved (if the latter does not co-operate).
Its a very sad event and can happen to anyone of us.
Anjan has said it correctly and no matter what you do your run in with the egal system is there for sure , but hold tight bro as you will be safe !
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Old 4th January 2009, 23:12   #29
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too bad man that too in the new beginning of 2009 also care about your ice i remember when our esteem was in an accident (family friends had taken it for a long drive) and after it was back from the workshop our Head unit was missing along with fog lamps which we had fitted.
Drivers should be more careful not to mention the guys driving bikes in our country have no proper road sense the government should enforce stricter rules for obtaining license's
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Old 4th January 2009, 23:12   #30
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Its sad and horrifying what has happened. The biker died and this is the worst outcome from this incident.
If you have a good phone, keep it in recording mode before entering the service station. This will really help. Get everything in written from them. Also read the conditions carefully. I have read that servicing is done at owner's risk and at Vadodara I was told it includes drives by those manic technicians also. I dont know more, but the job card will really help.

Keep all the voice recording with you. Go there with your friend and also record with his phone. I hope you are not even called to go to police station as its not your fault. No way people can frame you. If needed, take help of media. I have no trust left in Goa administration after several other cases that have taken place.

EDIT : Head Office
Maruti Suzuki India Limited
Plot No. 1, Nelson Mandela Road,
Vasant Kunj,
New Delhi-110070
Board no.46781000
Fax : 46150275 and 46150276

EDIT 2 :
There is a number displayed and it was written " Any time Maruti ". The number is 1800-1800-180

EDIT 3 : In the " Contact US " link here:Maruti Suzuki: Maruti800, Alto, Zen, WagonR, Versa, Esteem, Baleno,Grand Vitara, Gypsy, Finance, Insurance, Accessories, TrueValue, Fleet Management Solutions, the images that might be of some help. My last experience with them was around 3 months ago and they were pretty quick in responding after you have sent your query.
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My Swift Zxi crashed by company dealership!-tbhpsx4crashhelp1.jpg  

My Swift Zxi crashed by company dealership!-tbhpsx4crashhelp2.jpg  


Last edited by aaggoswami : 4th January 2009 at 23:22.
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