Go Back   Team-BHP > BHP India > The Indian Car Scene


Reply
 
Thread Tools Search this Thread
Old 21st May 2009, 21:14   #631
Senior - BHPian
 
greenhorn's Avatar
 
Join Date: Apr 2007
Location: TN-14
Posts: 6,839
Thanked: 1,319 Times
Default

is there scope for a class action lawsuit/PIL against skoda for the 1.4 petrol engine ?

the nature of the defects seems to be the same
greenhorn is offline   Reply With Quote
Old 25th May 2009, 21:11   #632
BHPian
 
Raj1008's Avatar
 
Join Date: Mar 2007
Location: Toronto
Posts: 119
Thanked: 12 Times
Default

@Harishv , just something that I am not clear on. If the dealer has impounded your car isnt that a criminal act more than a civil one? They could have taken you to court for dues but not keep the car as lien. Now I know in North America cars are subject to Mechanics Lien, but I am not sure if thats the way it is in India too. I think in India its treated as a criminal act for keeping someone's property and financial recovery is civil. And criminal cases move faster. I could be wrong, but I am sure you have explored this angle as well. Please share your thoughts.
Raj1008 is offline   Reply With Quote
Old 25th May 2009, 21:37   #633
Senior - BHPian
 
Join Date: Jun 2007
Location: Kochi
Posts: 2,147
Thanked: 143 Times
Default Watissit??

Back after a long boring day at office, I open TBHP and look at what has replaced the masthead.

Skoda dealer changes parts in my car = Consumer Court. *UPDATE* Case Settled!-wth.jpg
BaCkSeAtDrIVeR is offline   Reply With Quote
Old 26th May 2009, 00:11   #634
BHPian
 
mmmjgm's Avatar
 
Join Date: Nov 2004
Location: BOM, PNQ, DXB
Posts: 398
Thanked: 21 Times
Default

Quote:
Originally Posted by Raj1008 View Post
@Harishv , just something that I am not clear on. If the dealer has impounded your car isnt that a criminal act more than a civil one? They could have taken you to court for dues but not keep the car as lien. Now I know in North America cars are subject to Mechanics Lien, but I am not sure if thats the way it is in India too. I think in India its treated as a criminal act for keeping someone's property and financial recovery is civil. And criminal cases move faster. I could be wrong, but I am sure you have explored this angle as well. Please share your thoughts.
In India the relevant law is the Bailee's or Bailiff's act.
It's a direct adaptation of the British law, you will find references of it on the net.
yet there are different and various citations across the years, including pre independence when judgements have been passed by presiding honourable judges, AFAIK, the model rent act or leave and license act is far far more precise than this one. I am not going Off topic on this one, but there's no law compelling the garage to release the car without payment, now especially since the matter is sub-judice (i.e. being taken up in court) as the car itself represents a crucial piece of evidence under the evidence act.

the dealer takes refuge under the evidence act, and is empowered by the bailee's (bailiff's act) in this situation.

FYI = Harish has given peaceful possession of his car to the garage. It is evidenced by the job card and peaceful handover of the vehicle to the garage.

i am not a lawyer, will not be 100% accurate, however this it the least i can offer,

cheers
M

Last edited by mmmjgm : 26th May 2009 at 00:16.
mmmjgm is offline   Reply With Quote
Old 26th May 2009, 11:25   #635
GTO
Team-BHP Support
 
GTO's Avatar
 
Join Date: Feb 2004
Location: Bombay
Posts: 47,763
Thanked: 89,535 Times
Default

Quote:
Originally Posted by BaCkSeAtDrIVeR View Post
Back after a long boring day at office, I open TBHP and look at what has replaced the masthead.

Attachment 140143
Taken care of. Thank you.
GTO is offline   Reply With Quote
Old 26th May 2009, 11:31   #636
BHPian
 
jassi's Avatar
 
Join Date: Jun 2007
Location: Melbourne
Posts: 980
Thanked: 11 Times
Smile

Quote:
Originally Posted by GTO View Post
Taken care of. Thank you.
actually its still there
Skoda dealer changes parts in my car = Consumer Court. *UPDATE* Case Settled!-untitled.jpg
jassi is offline   Reply With Quote
Old 26th May 2009, 14:34   #637
GTO
Team-BHP Support
 
GTO's Avatar
 
Join Date: Feb 2004
Location: Bombay
Posts: 47,763
Thanked: 89,535 Times
Default

System takes 180 minutes to put the block in effect.
GTO is offline   Reply With Quote
Old 28th May 2009, 16:09   #638
BHPian
 
Join Date: Aug 2008
Location: mumbai
Posts: 376
Thanked: 728 Times
Default

Quote:
Originally Posted by greenhorn View Post
is there scope for a class action lawsuit/PIL against skoda for the 1.4 petrol engine ?

the nature of the defects seems to be the same
I think we should club it together
harishv is offline   Reply With Quote
Old 28th May 2009, 16:10   #639
BHPian
 
Rocky_Balboa's Avatar
 
Join Date: Aug 2006
Location: Namma Bengalooru
Posts: 585
Thanked: 59 Times
Default

Sorry to hear this harish, We all are with You.
Not a great day to celebrate Your birthday!!
Rocky_Balboa is offline   Reply With Quote
Old 28th May 2009, 16:14   #640
BHPian
 
Join Date: Aug 2008
Location: mumbai
Posts: 376
Thanked: 728 Times
Default

Quote:
Originally Posted by Rocky_Balboa View Post
Sorry to hear this harish, We all are with You.
Not a great day to celebrate Your birthday!!

What better day to launch something that works towards a positive step forward ?
harishv is offline   Reply With Quote
Old 28th May 2009, 16:26   #641
Senior - BHPian
 
harry10's Avatar
 
Join Date: Jul 2008
Location: Faridabad/Delhi
Posts: 2,226
Thanked: 578 Times
Default

Quote:
Originally Posted by harishv View Post
What better day to launch something that works towards a positive step forward ?
WIsh you a Very Happy Birthday
And yes you are right
harry10 is online now   Reply With Quote
Old 28th May 2009, 17:12   #642
Senior - BHPian
 
wildon's Avatar
 
Join Date: Jul 2007
Location: Bangalore
Posts: 2,405
Thanked: 1,040 Times
Default

@ Harish

Many Many Happy returns of the Day. Keep up the good fight
wildon is offline   Reply With Quote
Old 28th May 2009, 18:54   #643
BHPian
 
mmmjgm's Avatar
 
Join Date: Nov 2004
Location: BOM, PNQ, DXB
Posts: 398
Thanked: 21 Times
Default

Hey Harish, wishing you a very happy birthday ! Wish that this year your legal issues with Skoda get sorted out and you prosper from the same, cheers.

M
mmmjgm is offline   Reply With Quote
Old 28th May 2009, 19:32   #644
BHPian
 
Join Date: Aug 2008
Location: mumbai
Posts: 376
Thanked: 728 Times
Default

Thanks for the wishes folks. Thank you all very much.
harishv is offline   Reply With Quote
Old 28th May 2009, 19:38   #645
Senior - BHPian
 
amit_mechengg's Avatar
 
Join Date: Dec 2007
Location: Pune
Posts: 2,412
Thanked: 1,542 Times
Default

may god bless you and give some moral sense to skoda. i hope they return your car ASAP. we are waiting for the court updates from you harish.
Wish you a many many happy returns of the day
amit_mechengg is offline   Reply With Quote
Reply


Thread Tools Search this Thread
Search this Thread:

Advanced Search


Similar Threads
Thread Thread Starter Forum Replies Last Post
Consumer court and Veterinary doctor negligence, what are the options tsk1979 Shifting gears 35 14th September 2010 19:31
Banglorean wins consumer court case against Concorde motors GeekSrik The Indian Car Scene 3 12th July 2010 21:27
Consumer case process in Bangalore (against maruti), and expected results? GeekSrik The Indian Car Scene 18 8th June 2009 15:38
Need help in going to consumer court (EDIT: Axis Bank car loan) ashwin390 Indian Car Loans & Insurance 18 6th February 2009 15:18
Low FE : Can you go to consumer court? venkatrx The Indian Car Scene 1 22nd April 2006 15:33


All times are GMT +5.5. The time now is 21:18.

Copyright 2000 - 2017, Team-BHP.com
Proudly powered by E2E Networks