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Old 22nd April 2008, 15:13   #121
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[quote=esteem_lover;804814]Instead of this fine & sensible auto driver, what if he had been an arrogant madcap & confronted you with filthy language & cursed your 'relatives' & then demanded an outrageous amount or even tried beating you up ? What would you have done ? You know very well that there are umpteen number of aggressive arrogant rowdies as auto drivers.


That Auto driver i hit was no different from any of them.They're all street.But, i try the soft approach and have never had a problem. What would i gain by trying to act tough?. I guess i've tuned out of the Indian mentality which is to confront first.Sorry, but that is my opinion and i'm sticking to it. Talking about mob mentality, what i'm experiencing in this thread is no different from the street variety for trying to put forth a balanced argument. This 'mob mentality' is harder for me to deal with and i've had to deal with them so-called "rednecks" in Louisiana , whom it is easier to convince.I give up. Who cares?. Let 'sunson' deal with his problem and the dealer get his coverage. Peace.
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Old 22nd April 2008, 15:33   #122
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Originally Posted by PVS View Post
1) Get in touch with an experienced Lawyer and proceed legally against Bimal.
2) Inform Maruti as well
3) Take the help of Bangy Team BHPias if necessary, to sort out the issue

T-BHPians: After this incident, can someone prepare a guide on facing unfortunate incidents like these? What are the things that a prospective car buyer needs to keep in mind before he/she takes out a car for a test drive?

We already have a to-do- checklist before buying a car - may be this checklist should also be of an immense help to prospective car buyers.

Regards
PVS
Take a very good lawer and put a case. otherwise the dealer will enter some xx figure and claim that money. Also first one to put the case might have a point in the court. Since you are harassed and then take the money. I think only one thing can be allowed.
Please remember that the dealer can't write whatever amount he can write and claim it if you are suing him. Court will ask for proofs in details for claiming any money from anyone for any case. This is fairly staright.
Pray....

I never go to a dealer for test ride. Ask a friend to lend his or her car. Best thing. Peace of mind. Even if you crash, you can get it repaired at your cost. Atleast you will not be harassed like you are done by a dealer.
Even if you total (worst case like this), still insurance will cover up the cost and rest you can still settle in a much decent fashion.
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Old 22nd April 2008, 15:39   #123
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Really an unfortunate experience, Sunson. Shocked after reading what you went through.
Hope you are getting the services of a good lawyer who can advise you on the next course of action.
I am in Bangalore and am available to help you (no policitical connections though:() in whatever way I can. I am sure that team-bhpians in Bangalore will do anything to support you through this.
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Old 22nd April 2008, 15:40   #124
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A sad incident.

I see a point here in what nickatnite is saying. However US, India shouldnt really matter.

There has been a mistake. First from the test driver and that was followed by regrettable behavior of the dealer.

It was sad to damage the car so badly that the owner of the car resolved to such bad techniques of coming to terms with it. Here we need to condemn both. The damage and the dealer reaction.

Now there has been a mistake from the driver, [accelerating even after the crash, majorly]. And the dealer also, resolving to unfair antics.

Let's not get biased and start bashing the dealer. The dealer act has to be condemned however. And since both are mistakes, and both parties involved are humans, and humans do mistakes, this should be resolved gracefully, without any bias. Ofcourse, nothing like knowing the full details before making an opinion, and excuse me, if you feel i have done any.

And yes, things are different in other parts of the world, but there are bad things there as well. Thats a different thread. Isnt it?
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Old 22nd April 2008, 15:49   #125
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Dear Sunson,
It is a coincidence that i did happen to see the battered SX4 after the accident. It was being towed back, at around 3.30 PM on the 16th of this month. I was getting my car's headlight fixed at a locally mechanic when i came across the SX4 that was being towed away. The car was totally gone, you are fortunate that you were not injured in the accident.
The mob mentality really sucks and i was sad to hear about what happened after the accident.
But what is worst is the trick the dealer was trying to pull off on you.
I am a lawyer. Trust me, your lawyer is right when he says you need not pay the dealer a penny. In fact, the car must be insured and the rest is the dealer's headache. When he keeps the car for TD, he is implicitly accepting to bear the risk that lies with it. If there is an accident, he is to bear the consequence.
Now, you ask them to file a case if they so want. I would request you to even go to the press and let the world know how horrible the dealer is. In case you need help getting in touch with the press or getting in touch with an experience lawyer in this field, please feel free to PM me. It would be my pleasure to help out a fellow BHPian in distress.
Regards,
Harsha
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Old 22nd April 2008, 16:09   #126
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Originally Posted by srishiva View Post
raul, There are cases about mob fury everyday in Bangalore (and everywhere else in India, crowds lynch even the poorest guys). Most of the time its against Trucks, Buses, Tempos etc., These drivers run away and the vehicle gets attacked.

Why are you bringing in IT, not local, prosperous, youngish etc., into this. Don't think too much into this. You are trying to see yourself as different or something ?
Not to derail this thread but this is my experience and I have to respond accordingly. Its quite possible that you do not feel this but that's your experience and that's valid. I don't see where you get the 'me thinking I am different' and what that has got to do with this. Please refrain from making presumptions about other people's experiences.
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Old 22nd April 2008, 16:12   #127
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sunson, first my heartfelt sympathies with you for the nightmarish experience.

Guys (&gals), In Insurance, there are two components. First party and Third party. It is only the third party insurance that is mandatory. First party covers damages to self, passengers, authorised driver, and the vehicle due to accident/crime... . Third party covers the insurance damages of the "third party" (in this case the auto).
So, it is quite possible that Bimal might have had only third party insurance so the damages to their car will not be covered. Though I condemn the way they approached it, it is possible that they are asking you for the full amount as a replacement cost to the totalled car and not the book value of the car.

Still i would suggest you to cancel the cheque by calling your bank so that they cannot encash it. Get yourself a good lawyer and if possible, protect yourself at all times.

I do not want to frighten you but you never know what sort of links these business people will have and how low they can stoop. The battle in the courts is only one part, the major portion will be the ones outside it (incl intimidation...) esp in a country like India.

I am sure everyday most of us go through a harrowing experience whenever we set our foot (or the car) on the road. This is because our legal system is completely screwed. Even the police do not care and just watch when things like this happen. It is every man to himself. I can empathize with the folks during the wild west days :-(
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Old 22nd April 2008, 16:28   #128
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Sunson, whatever happened to you was not good. But get over it. Ensure that you are not at loss because of this. Cant say whether you will be able to sue them properly or get back your check and dignity

But in this community, you have spread the message of how Bimal/Maruti dealers are, So each one of us will ensure that Bimal gets the ugliest face in the market, that should be a huge loss for those mean people.

In this country Customer-Protection was never born, dont know if it will ever be. Customer is a beggar here. Leave alone Auto industry, Food industry is so pathetic. its a big nightmare country
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Old 22nd April 2008, 16:41   #129
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Unhappy Bravo!

Sunson, Thanks for sharing your experience. A learning for me and probably other Bhpians.

And SORRY for what has happened. Best thing IMHO is to forget and forgive.

I would consider that you were brave given the circumstances.

I'm sure you'll get over this.

Good Luck.
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Old 22nd April 2008, 17:17   #130
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That was a terrible experience and takes time to heal. Nothing could be done in that situation. Is that a crowded place as the crowd gathered before you could come out of the car?

Quote:
Then my father starts using his connections, etc.,. and finally I get bail and support from the police
you could have avoided getting hit so badly by the dealers if he had used his connections well before or if you had managed to get few heads to the spot

Also as many suggested hire a good lawyer. In consultation with your lawyer, file a case in your local station against the dealer accusing for life threatening calls
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Old 22nd April 2008, 17:39   #131
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Sunson, Are you still viewing this? Long time since we heard from you? How are you feeling now(physically?) - Have you started any legal recourse? Stopped the cheque? Any tBHP'an know Sunson personally? Please update on his behalf.
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Old 22nd April 2008, 19:04   #132
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Originally Posted by nickatnite View Post
To you and all who think that i'm condoning the dealer's reaction is missing my point. The dealer guys who accompanied him happened to react in a manner not befitting their role. But, we must understand that these guys must have had a rude shock having been through that incident along with 'sunson'. They are individuals and not an organization. Don't blame the organization for that. I feel for the brutal way in which 'sunson' was manhandled, despite the trauma he too suffered.But, there is no smoke without a fire.That is why we should react in a more mature manner and give all the benefit of the doubt till the dust settles and i sincerely hope 'sunson' will share more of this story with us. This is an eye-opener for me!. I will never operate a business in India. Customers or prospects will bang up my property and expect to walk away. I'm supposed to just wave and say Thank you!.
I can not agree to what you are saying nickatnite. You seem to be living in the US and still believe this is acceptable, I am surprised.

whether the accident was caused due to negligence, mistake or vehicle not being fit, needs to be dealt with legally. No point beating up a guy already suffering. Dealer doing arm twisting is worse even. This kind of barbarian acts would be taken more seriously in the US than in our beloved country.
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Old 22nd April 2008, 19:14   #133
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Sunson, any updates ? Whats happening ? Please dont take this lying down. The buggers need to be taught a lesson.
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Old 22nd April 2008, 19:34   #134
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Quote:
Originally Posted by nickatnite View Post
To you and all who think that i'm condoning the dealer's reaction is missing my point. The dealer guys who accompanied him happened to react in a manner not befitting their role. But, we must understand that these guys must have had a rude shock having been through that incident along with 'sunson'. They are individuals and not an organization. Don't blame the organization for that. I feel for the brutal way in which 'sunson' was manhandled, despite the trauma he too suffered.But, there is no smoke without a fire.That is why we should react in a more mature manner and give all the benefit of the doubt till the dust settles and i sincerely hope 'sunson' will share more of this story with us. This is an eye-opener for me!. I will never operate a business in India. Customers or prospects will bang up my property and expect to walk away. I'm supposed to just wave and say Thank you!.
Interesting.....

People make an organisation. Damage or losses, if any, is to the organisation. Therefore if the so called people representing the organisation BEAT me up for alleged losses TO the organisation , we in India call it GOONDAISM - and since it is being done on their behalf by their own employees, the oranisation will have to take resposibility !! IN INDIA we have courts and due process of LAW to settle issues - and THAT is what the organisation should have resorted to. An thank you I will watch myself in the US next time - because there you tell us we can get shot instead - and somehow that therefore makes it a nicer place for you to do business in!!

Secondly NO one willingly crashes anything - accidents happens - the DEALER was SUPPOSED to have insurance BEFORE offering cars to customers for test drives - That friend, is the law!! Please check with dealerships in the US - I am sure non compliance in the US will mean the dealership will get sued for millions - regardless of whether an accident took place or not - It is - amongst other things - Reckless Endangerment!!

Forget about India, if you do start a business ANYWHERE, expect accidents to take place - be prudent and INSURE - THAT would be the MATURE thing to do - else pray the other person is not packing!!

Think about it .... while I try and count the number of people I know, in any part of the world , who will take some such thing lying down.

Last edited by kb100 : 22nd April 2008 at 19:41.
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Old 22nd April 2008, 19:43   #135
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Quote:
Originally Posted by kb100 View Post


People make an organisation. Damage or losses if any is to the organisation. Therefore if the so called people representing the organisation BEAT me up for alleged losses to the organisation , we in India call it GOONDAISM - and since it is being done on their behalf by their own employees, the oranisation will have to take resposibility !! IN INdia we have courts and due process of LAW to settle issues - and THAT is what the organisation should have resorted to.

Secondly NO one willingly crashes anything - accidents happens - the DEALER was SUPPOSED to have insurance BEFORE offering cars to customers for test drives - That friend, is the law!! Please check with dealerships in the US - I am sure non compliance in the US will mean the dealership will get sued for millions - regardless of whether an accident took place or not - It is - amongst other things - Reckless Endangerment!!

Forget about India, if you do start a business ANYWHERE, expect accidents to take place - be prudent and INSURE - else pray the other person is not packing!!

Think about it .... while I try and count the number of people I know, in any part of the world , who will take some such thing lying down.
WHOA!. I'm not condoning violence and the dealer should be made liable in a court of law for that. All i'm saying is that i'm shocked at the one-sided arguments only in favor of the driver. Having insurance alone does not absolve one of any liability. It is for the courts and experts to decide who is right and what went wrong. I'm asking for a balanced view. Every action has an equal and opposite reaction. I'm curious to get to the bottom of the facts and all we have is one view. That of the driver. Maybe, someone should contact the dealer and get a response. Only, then will i make a judgement. The dealer is out of an almost 8lac car. Who is responsible and accountable for that?. The car?.I'm not familiar with Indian law. Can anyone take a test drive with a car, and if an accident occurs, can anyone just walk away telling the dealer. "It's your problem, not mine", without determining liability/fault/cause of accident?. I don't know. I'm asking. Is there a lawyer who can clarify?.OK. So, who is going to pay the owner/operator of the autorickshaw that was damaged?.The dealer?.

Last edited by nickatnite : 22nd April 2008 at 19:59.
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