[aaggoswami]

Originally Posted by kumargandharva

48 hours are about to pass. No response yet from Delta or TATA CC. No acknowledgement of communication yet.
Should I hire a lawyer. It is simply astonishing (No response)

IMO, dont spend so much time and energy behind them by hiring lawyer, etc. and taking a legal route. Even if you hire a lawyer, they will mostly not budge. And I dont think that it makes sense to take the fight to the court as its just pure waste of time and money. Just be firm at service center like " I am not going anywhere till you accept and repair what you have messed ". This would bring higher ups from service center into picture. Get the car repaired, sell it and buy another from more customer friendly brands.

[vina]

Originally Posted by aaggoswami

... And I dont think that it makes sense to take the fight to the court as its just pure waste of time and money. Just be firm at service center like " I am not going anywhere till you accept and repair what you have messed ". ...

I know of people who made builders like Sobha pay up by going to consumer court. It did take time (mainly because the amount was big so the builder stalled at first) - but there was not much hassle. And within the first hearing Sobha guys had started sending feelers for a settlement.

In his case going to court will ensure the matter will go beyond Tata Motors' call center - and given the small some involved (from Tata's perspective) and the damage to the reputation involved Tata will pull up the dealers.

[anonymous]

Originally Posted by kumargandharva

I didn't got any call. Infact I gave a very negative feedback on the satisfaction note but that didn't rang any bell.

I think Service Center has not cleared your case, this is why it has not reached Tata Customer Care so there was no call from them.

[kumargandharva]

Hello folks,

Am back after serving a ban of one month. My fault (I didn't used the search feature before starting a thread).

So here I go again:

- Car again submitted to repairs on July 14.
- Service Advisor's cell switched off during the whole day.
- Car's suspension nut/bolt came of on his own!!! (As per the diagnosis by Delta).
- New nut/bolt placed.
- Car delivered.
- No follow up call thereafter from Delta or Tata.
- No follow up call from Service Advisor till date.
- Took a test ride, this time again Suspension was not working as desired.-
- Now am told I need to replace the axle which costs Rs 5000!
- I said thanks and took the vehicle away as am now familiar with their strategy of fleecing customers.
- Had asked Service Advisor to fix door rattling problem. He didn't cared to address it this time as well.
- On 21st of July the vehicle while driving started loosing its pickup, and broke down.
- Upon getting it checked by a nearby workshop, it was discovered that the Head Gasket has been damaged in the engine.
- It was because of continuing overheating problem caused by Delta service that they failed to rectify during first three visits.
- Now my perfectly fine car is a piece of junk lying in my garage.
- I know neither Tata nor Delta will take the responsibility.
- Neither I expect them to.
- But what I've done it, I've potentially discouraged at least 7 of your TATA MANZA/Linea/Indigo buyers not to buy your cars stating the examples of horrendous after sales service. They have purchased other vehicles. Their logic, their decision, I just informed them. These are my relatives and colleagues at work.

It is a collective failure on TATA's and dealerships part that they have failed to serve a customer even after charging money. I am not expecting my car to be again called to delta for repair under parts warranty as I have a family to run, a job to do.

In my life I have promised myself not to buy a TATA Car ever again.

The junk I've at my home is valued at Rs 1,50,000.

Experience does comes at a cost.

[RS_DEL]

Originally Posted by kumargandharva

Hello folks,

Am back after serving a ban of one month. My fault (I didn't used the search feature before starting a thread).


Experience does comes at a cost.

Kumar

First of all my commiserations for the ordeal you have endured.

Now let me be a little unsympathetic. I hope you will pardon me for being rude and insensitive. Ranting off on team BHP is not going to resolve your complaint. Instead of hoping you will find any resolution like this take the required action. It will not be an easy fight as we have seen in various cases on TBhp.

You have proof of being ripped off - the bills for services availed of and have evidence in the form of a faulty automobile. Now use it to file a case in the criminal courts and the consumer courts. Can you file a criminal case in case of deficiency of service? Yes you can on grounds of cheating. Want a legal opinion? Here it is - see this link . The point is take steps that have the potential to increase the risk of the other party from civil liability to criminal liability. The game will then change. File the complaint with the local police station in writing and preferably through an advocate. Mark a copy of the complaint to the district headquarters. If I am not mistaken Gurgaon now works in the Commissioner system, so it shall be the SHO of the sector where the dealership is under copy to the Office of the Commissioner of Police Gurgaon. Why to do this? Because you want the local SHO to think twice before he refuses to lodge an FIR or tries to act funny with you. Once you have crossed the stage of the FIR then you have to seek an answer in writing from from the local SHO. If you are able to cross the FIR stage then the costs will multiply for the dealership. They will not be willing to face the cost of a criminal action as opposed to a civil action where the litigation will go on for generations to come.

Secondly all communications to the dealership and Tata Motors should be released to the press. All letters to the newspapers and electronic media should be under copy to Tata Motors. Let the morons know you are not sitting and cursing your bad luck but hitting back.

This fight is NEVER easy. These companies have lawyers on retainers and for them such incidents are every day happenings. So before you start please understand it will be a hard fight and frustrating. However in my opinion it is worth it. You have to now decide what is good for you.

[vina]

Originally Posted by RS_DEL

...

Can you file a criminal case in case of deficiency of service? Yes you can on grounds of cheating. Want a legal opinion? Here it is - see this link . The point is take steps that have the potential to increase the risk of the other party from civil liability to criminal liability.

...

I went to the link you have specified. It says:

" ...
The product liability law, in India, apart from the civil liability, also imposes criminal liability in case of non-compliance with the provisions of each of the below mentioned Acts. The said Acts are in addition to and not in derogation of any other laws in force, which implies that an action imposing penal liability can be simultaneously initiated along with a claim under civil law. Some of these are special Acts pertaining to sale of specific goods such as food, drugs, cosmetics etc.. The provisions of these enactments are preventive in form , though the relief envisaged is an action for breach in civil or criminal court.
· The Foods Adulteration Act, 1954
· The Food Safety and Standards Act, 2006
· The Drug & Cosmetics Act, 1940
· The Indian Penal Code, 1860
· The Standards of Weights and Measures Act, 1956
· The Agricultural Produce (Grading and Marking) Act, 1937 for marking and grading of commodities like vegetables, butter, etc.
· The Indian Standards Institution (Certification Marks) Act , 1952 to formulate a number of standards for different products by ISI
· The Bureau of Indian Standards Act , 1986 ..."




I'm not sure our friend can use any of the mentioned Acts to file a criminal complaint (don't know about IPC). Is there any other act not mentioned here?

[RS_DEL]

Originally Posted by vina

I went to the link you have specified. It says:


I'm not sure our friend can use any of the mentioned Acts to file a criminal complaint (don't know about IPC). Is there any other act not mentioned here?

I am quoting the operative part that I am referring to

"The provisions of Indian Penal Code (IPC), on the other hand, in respect of product liability, are attracted when the element of cheating and fraud can be attributed to such defects"

To some it will seem very tenuous grounds on which to litigate. My contention is, that is for the court to decide.

In 99% of the cases the law enforcement machinery at the local level has a relationship of quid pro quo with business establishments. However they are very chary of litigatious people. Why? The judgement risk at the court level is ALWAYS a variable. Especially in such cases where there is paperwork suggestive of grounds for investigation if not prosecution.

Furthermore while the enforcement officials are full of disdain for the judicial system when you talk to them and have an air of couldn't care less, they are actually NOT willing to risk the wrath of the court. So when you approach them through an advocate to file a complaint, they try to bury the file well aware the file won't be buried.

Their advice to the businesses at such times is, something like "Bhai sahib sirfira type kaa hai, le de ke baat khatttam karo, nahi to file kaa pet bharne mein aapka bahut nuksaan hogaa". They do not want to be seen in collusion. That works for us. So you get what you want and they get mithai as an expression of gratitude. Is this a perversion of the law? Yes.

The precaution in such cases is NEVER to approach the system without a legal professional. You do not want to be stonewalled/side tracked. Plus while the approach is at the lowest level of the redressal machinery, the approach should ALWAYS be communicated to the higher levels of chain of command. It helps in keeping the lower level functionaries on their toes.

[vina]

Originally Posted by RS_DEL

I am quoting the operative part that I am referring to

"The provisions of Indian Penal Code (IPC), on the other hand, in respect of product liability, are attracted when the element of cheating and fraud can be attributed to such defects"


....

I missed this paragraph, the next one also starts with a reference to IPC thanks.

Is there a well established case law in this regard via higher court judgements? - my guess is there isn't, most people don't take the trouble to go to the court.

[RS_DEL]

Originally Posted by vina

I missed this paragraph, the next one also starts with a reference to IPC thanks.

Is there a well established case law in this regard via higher court judgements? - my guess is there isn't, most people don't take the trouble to go to the court.

Not with respect to fraudulent conduct in case of repairs that I am aware of. But then I have not really checked the databases or reporters. It is something legal professionals are required to do and we should seek their counsel. That is my point. As a lay person if we go by the definition of cheating I think a plea can be made that we have been victimized. Read this definition especially explanation at serial H. Everyone hands out just one advice - ciut your losses and move on. Moment you decide that, you have lost. However the fight if you do choose to fight is not so hard as to be impossible.

[kumargandharva]

Thank you everyone for guiding me. Am contemplating legal action. In the interim I got a call from Tata requesting one last chance to rectify the challenges.
This time Delta people took the car again under a lot of pressure only to declare that the problem (engine stalled) is due to mud entering into engine through air filter and it has got nothing to do with previous problems so Delta is not liable, and delta has no idea how so much of mud got into air filter. They say is must have drove the vehicle in at least 3 ft high slush.
They recommended a complete engine overhall and replacement of blah blah blah, I didn't bothered to enquire the repair prices.
Called a crane from my hometown, have got the vehicle towed to a local trustworthy workshop.
Let's see what kind of diagnosis comes from there.

In case someone is selling a low mileage excellent condition CIVIC in Delhi-NCR, please PM me. :-) (Mods, I've already searched the classifieds, and am not interested in any of the posted ads of NCR, that's why I've mentioned my query here).

[kumargandharva]

A communication accidently received from TATA senior leadership highlighting their modus operandi to close the case:

It is a case of poor pick up and over heating issue. Car was found with full of slush and water in air cleaner. Due to this back compression occurred and car is out of warranty. Customer instructed TASC not to do any repair of engine over haul, since he informed that he will sell his car.

Hence without any repair car delivered back after only cleaning air cleaner.

TASC as well as R.O. will sent a proper communication to customer and close it.

It is a Indigo CS car DOS: 14.08.2008: Kms 69,046



Regards
S.Sree Raman
GM (Customer Service)
One Forbes, Fort - Mumbai - 400001

[kumargandharva]

Issue resolved a month back. Received a cheque worth Rs 11000 an a/c of damages caused to the engine due to negligience and a verbal apology from few seniors.

Car is running fine after local repairs. Overheating caused damages to the rings. Wont see a TASS workshop ever again.