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Old 27th April 2014, 09:40   #46
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Default Re: "Owners Responsibility" - Anywhere & Everywhere!!

From my own experience, wherever there are parking charges for roadside parking, those guys would not hand over the ticket when you park. They will hand over the ticket and ask for money when you are going. This way, it becomes none of their responsibility if some untoward incident happens with your car.

The root cause of this whole nonsense is that the consumers in India are the weakest lot. The laws generally favour the business owners and not the consumers. And consumers are generally too uninclined and disorganized to fight it out in court if they are not getting a fair treatment from businesses. So they are generally the ones taken for the spin.
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Old 27th April 2014, 09:50   #47
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Default Re: "Owners Responsibility" - Anywhere & Everywhere!!

I think it would be a good move to take photos (nowadays most cellphones have cameras - or even provide cameras to the service advisors - insurance surveyors carry pocket sized digital cameras!) at service centres to report the exact status of the car's exterior. That would help bring about a lot of transparency.

However I don't see any viable alternatives in cases of vallet parking or general parking in pay-and-park lots.
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Old 27th April 2014, 09:51   #48
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Default Re: "Owners Responsibility" - Anywhere & Everywhere!!

Quote:
Originally Posted by dutta_d1 View Post
The root cause of this whole nonsense is that the consumers in India are the weakest lot. The laws generally favour the business owners and not the consumers. And consumers are generally too uninclined and disorganized to fight it out in court if they are not getting a fair treatment from businesses. So they are generally the ones taken for the spin.
With parking in even public places like railway stations sold to contractors to generate revenue, the government is not even helping one bit in this matter. On the contrary, they are just "accomplice in crime" so to speak!
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Old 27th April 2014, 22:33   #49
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Default Re: "Owners Responsibility" - Anywhere & Everywhere!!

In most Railway stations, only a handful of vehicles can be accommodated in the parking shelter provided.
The remaining vehicles are parked in the open space/ground adjoining the shelter.And shelter or no shelter, everybody pays the same parking fee!
They want us to believe that parking is at "owner's risk".But they don't give any concession when the owner is taking more risk.

Also,in almost all parking lots, parking fee is charged the same for all type of cars.
If they are charging us for the space being used, why don't they charge according to how much space is being used?
A Maruti 800 and a Fortuner which is almost twice as big, both have to pay Rs 10 at the Railway station for an hour of parking.
Same is the case in many malls too.
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Old 28th April 2014, 08:01   #50
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Originally Posted by VinodDevil81 View Post
Also,in almost all parking lots, parking fee is charged the same for all type of cars.
If they are charging us for the space being used, why don't they charge according to how much space is being used?
A Maruti 800 and a Fortuner which is almost twice as big, both have to pay Rs 10 at the Railway station for an hour of parking.
Same is the case in many malls too.
Both take up one slot in the parking area and fee is for one slot.

BTW, I've seen novice Alto drivers who couldn't park properly taking up more parking space than a properly parked Honda City. Inexperienced drivers who can't confine their vehicle within the borders of their parking slot makes the adjacent parking slot unusable.

In the Indian context, car is a luxury irrespective of whether it is a Nano/800 or a 7-series since the majority of the population can hardly afford a 2-wheeler, let alone a 4-wheeler.
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Old 28th April 2014, 09:42   #51
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Default Re: "Owners Responsibility" - Anywhere & Everywhere!!

Agreement to Terms & Conditions

A Parking ticket or a service entry memo is a contract between 2 parties. If the terms & condition are clearly mentioned, like in Car Service Memo, and we have signed on dotted lines, we have agreed to the terms & conditions.

In case of parking, even though the service provider may say that by parking here, you have agreed to the their terms & conditions, it will not hold ground in the court. The agreement should have been recorded.

But the problem lies somewhere else, any dispute on contract terms & conditions takes years to resolve and any decision is hard to come by, even after 15-20 years. So as a end user the common people suffer the most.

Last edited by Wanderers : 28th April 2014 at 09:44.
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Old 28th April 2014, 10:35   #52
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Quote:
Originally Posted by zenren View Post
With parking in even public places like railway stations sold to contractors to generate revenue, the government is not even helping one bit in this matter. On the contrary, they are just "accomplice in crime" so to speak!
Yes zenren, you are right in saying so. I had visited Agra where I found out that even the parking slips of Archaeological department (A Government of India Enterprise) mentions the same things. I think these conditions have become so universal that nobody bothers to pay attention.

"Owners Responsibility" - Anywhere & Everywhere!-photo.jpg
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Old 28th April 2014, 11:27   #53
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Default Re: "Owners Responsibility" - Anywhere & Everywhere!!

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Originally Posted by Wanderers View Post
Agreement to Terms & Conditions

A Parking ticket or a service entry memo is a contract between 2 parties. If the terms & condition are clearly mentioned, like in Car Service Memo, and we have signed on dotted lines, we have agreed to the terms & conditions.

In case of parking, even though the service provider may say that by parking here, you have agreed to the their terms & conditions, it will not hold ground in the court. The agreement should have been recorded.
Even in case of the car service memo, I doubt if it would be treated as a legal document just because you signed on it. The court would still look at the merits and demerits of the clauses to determine if there is any exploitation intent involved. In a general sense, the rights that the constitution guarantees to every citizen is not something that the citizen can relinquish with a signature. Though in a different context, the Supreme Court of India has ruled that a signed document cannot be taken as a permission/justification for exploitation.

Quote:
Originally Posted by mints21 View Post
Yes zenren, you are right in saying so. I had visited Agra where I found out that even the parking slips of Archaeological department (A Government of India Enterprise) mentions the same things. I think these conditions have become so universal that nobody bothers to pay attention.
This is again the contractors and vendors in action. None of the parking attendants or supervisors in this GOI Enterprise's parking lot are Central Government employees. They work for whoever bid for the parking contract. These contractors are responsible for anything that happens in the parking lot as far as the GOI is concerned. So this is no different from any other place like a shopping mall or a theatre.

Last edited by zenren : 28th April 2014 at 11:29.
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Old 28th April 2014, 11:29   #54
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Default Re: "Owners Responsibility" - Anywhere & Everywhere!!

Excellent thread to start as I have a two incidents to share - both being experienced with ABT Guindy, Chennai Service Center.

1st incident - I had left my car(Zen 2006 LXI) in the morning for just a wash and interior cleaning at ABT, Guindy. As I had an meeting I had to rush, I could not wait to pick up the car which was expected to be returned in 2 hours, so I informed the SA that I will pick it up in the evening. The important point here is, the SA did not make a note of the dents as the I was leaving the car for just a water wash and Interior Cleaning. When I was back in the evening, it was almost dusk and the SA further delayed the car delivery by 30 minutes or so citing some reason. When the car was given to me the SA took me to the back part of the car where the fuel lid was and showed be a deep crater on the C Pillar. Now this was the most strongest part of the car where the metal was very thick and moreover I was sure that there were no dents before. The irony here was the SA asked me "Sar", look like a very big dent, can we claim insurance during the next service and rectify it?" He was trying to portray that the dent was already present when I left the car for wash in the morning. I was like numb and did not what to say, I was greatly confused, and looked at the job car, obviously there were no marks made so I was not sure, but deep within my heart i knew these guys had made it, as I had no enough proof, I had to get it rectified by claiming insurance - bad experience indeed.


2nd incident - it was for my same car for which I had to get the windshield replaced. Couple of days after completing the insurance formalities, I got an call from the SA informing me that the work was complete and I could get my car back. That evening, after I completed the regular procedure for taking deliveries including the payment, I went to inspect my car - From the outside everything looked fine some instinct asked me check the interior of the car. I just opened the door and sat on the driver's seat and had a look around when I got a rude shock!! The air vents of the AC had been broken to smithereens! How on earth there is a relation between changing a Windshield and breaking an AC vent?? I called the SA and asked for an explanation. I got the second shock! he told me that "sar, when you left the car itself it was like that"??!!!@$%@$#. Now I was in my complete rage and blasted the SA so much that he literally ran in and brought a new AC Vent spare and got it fixed in the next 30 minutes. After all this, he was expecting some 50 rs for Tea change(@#$#@$#@).

Relating the first incident to this thread, I don't think they would have admitted their fault and would have shown me this statement/condition on the job card.

People, after we leave the car at the service center, are we supposed to take pictures of the entire car for registering the as-is condition and check it against the serviced car during delivery time? I'm not sure if this is path that we will be forced to take!

Nevertheless, after these two incidents. I always check before making the payment.
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Old 28th April 2014, 11:44   #55
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Default Re: "Owners Responsibility" - Anywhere & Everywhere!!

This is common practice everywhere. It helps them avoid 90% of the claims and get away Scott free. However, just because they have mentioned it doesn't mean they can are not responsible for it. There are a number of examples where dealership etc. have had to pay for damages caused by them.

It boils down to the cost of the damage/ how serious you are in recovering the money.
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Old 2nd May 2014, 17:57   #56
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Default Re: "Owners Responsibility" - Anywhere & Everywhere!!

Hi all, The pics of the post are from a authorized parking in Rajendra Place, New Delhi. Even after paying the parking fee why our cars are getting hit ? Who is responsible ?

Just see these pics and you all shall get a rough idea.

1) The parking pattern and the gap between 2 vehicles.

"Owners Responsibility" - Anywhere & Everywhere!-photo0892.jpg

"Owners Responsibility" - Anywhere & Everywhere!-photo0888.jpg

"Owners Responsibility" - Anywhere & Everywhere!-photo0887.jpg

Like this gentleman, majority of us have always been forced to hand over the keys to the attendant at parking.

"Owners Responsibility" - Anywhere & Everywhere!-photo0895.jpg

The attendants do not bother if the car is nudged or gets hit "slightly". Their only responsibility is to get the fee from every user.

Here is the proof of their irresponsible attitude.

"Owners Responsibility" - Anywhere & Everywhere!-photo0899.jpg

Thanks

AD

Last edited by ad3952n : 2nd May 2014 at 18:23. Reason: photo added
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Old 3rd May 2014, 17:12   #57
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Default Re: "Owners Responsibility" - Anywhere & Everywhere!!

Hi all, It seems that the irresponsible attitude of the parking attendants has reached to a new level. I was in Meerut today morning due to some personal work. I visited a Mall in Meerut, and on reaching there the parking attendant asked for the fee even before my car was parked. I did not want to argue with him as someone was waiting there to meet me. Here is the proof:

"Owners Responsibility" - Anywhere & Everywhere!-photo0903.jpg

Now, My question is, When these morons don't pay attention to our vehicles in normal circumstances then what should one do if the car gets damaged or there is a theft in a parking which has been paid in advance ? Who should be held responsible in such cases ?

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Old 3rd May 2014, 18:21   #58
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Default Re: "Owners Responsibility" - Anywhere & Everywhere!!

I like MSM in this respect. They always mark all the scratches / dents on the job card while accepting our car, and we have to countersign it. If anything new is found at the time of delivery, they check it against the job card and accept responsibility. They will politely ask if it can be done under insurance, and if we refuse, do it at their cost.
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Old 5th May 2014, 12:39   #59
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Quote:
Originally Posted by Gansan View Post
I like MSM in this respect. They always mark all the scratches / dents on the job card while accepting our car, and we have to countersign it. If anything new is found at the time of delivery, they check it against the job card and accept responsibility. They will politely ask if it can be done under insurance, and if we refuse, do it at their cost.
Is it not the standard procedure with all the car manufacturers?
I mean I have not seen an instance where they do not do an exterior/interior inspection of the car and mark all things and only then take the vehicle.
Hyundai, Honda, Ford , Tata, (all personal experiences) and other too would be having this.
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Old 5th May 2014, 21:54   #60
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^^ They never try to wriggle out of a damage they have caused. Which does not seem to be the case with all the others.
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