[am1m]

This is shocking!

When I collect my bike from the service station I need to present a gate pass. So how does a massive Duster get out for a joyride without the knowledge of several employees of the dealership?!

Originally Posted by GTO

While Renault has nothing to do with this incident, it can certainly put pressure on its authorised representative (i.e. the dealer) to step forward and help the Duster owner with a courtesy vehicle, legal support and the process of getting his car back.

Absolutely! That's the least they can do, along with cancelling their tie-up with the dealer. When I have a positive dealership experience, the goodwill goes towards the brand. Similarly, it's the Renault brand that's going to be associated with and remembered for this incident. Not 'xyz' dealer. Hope the brand does the right thing here.

[Guna]

Originally Posted by am1m

This is shocking!

When I collect my bike from the service station I need to present a gate pass. So how does a massive Duster get out for a joyride without the knowledge of several employees of the dealership?!

They will simply argue that it was taken out for a road test.

[ksameer1234]

Extremely sad incident, however I am not surprised that this has happened. Service centers have this habit of taking vehicles for a test ride after service to make sure everything is fine. While this is okay, I don't understand why the mechanics suddenly transform into GP racers revving the nuts out. Yes, it is their job and may be they are adept at this but such accidents take place due to this misplaced over-confidence.

[ninjatalli]

Originally Posted by GTO

Kamalkant Kalia shares his very serious predicament with us via this Team-BHP page!

Summary, thanks to blackwasp:

@GTO, @blackwasp, @others can we have a bit more context on the process followed here.

Clearly Mr. Kalia (heh, sorry) has had some legal help or is aware of the nuances of the law; but frankly for noobies like me, can anyone explain what's the offence/directive of a rebuttal FIR?

In my very limited knowledge and experience of FIRs, it is lodged primarily against an offense by others. In this case the family of the deceased kid would have lodged an FIR against the owner of the car (and hence Mr.Kalia as the primary "guilty" party), so how does the rebuttal FIR work out in this scenario?

[ajmat]

The loss of life is saddening

Originally Posted by GTO

. It frankly can be argued whether or not this is a case for replacement. I don't think so at the moment and certainly not unless his car is held up for very long time with the police. However, there is definitely a case for a 'courtesy car' to be provided by the dealer until his Duster is freed up.

There is also the issue of the car needing to be retained as evidence.For this immoveable property will need to be pledged as the bond. The dealer will need to take this responsibility.

The next question is if Mr Kalia decides to move or needs to sell the car as the case drags on. The dealer should undertake to re-purchase the car at fair market value.

[gkveda]

Originally Posted by ajmat

The dealer should undertake to re-purchase the car at fair market value.

I feel sorry for the child and the owner both. However, if I really think like how a court thinks, In my opinion, this is what probably happens.

1. Car will have to be completely restored to its original shape by the dealer
2. Dealer has to give complete compensation for the child's parents
3. Dealer will handover the car free of all legal hassles to the owner

There is no reason for the dealer or Renault to provide a replacement car unless it is a TOTAL LOSS(Read it irreparable). Legally, the dealer just owns the responsibility to hand over the car in the same condition by repairing the complaints reported by customer in the job card.

Giving a new car as replacement is purely emotional / sentiments/ irrational. I mean, the car owner can ask for replacement may be due to the fact that he cannot keep an accidental car. However, court cannot decide based on the sentiments/ emotions. It purely works on objective assessment.

For example : If the car has say 1 or 2 dents on its body when the owner hands over the car to dealer for service. Now, while returning the car, if the owner finds any other extra dent, he cannot ask for a new car because there is an extra dent. The dealer is liable to only repair the extra dent and handover the car.

Similarly, in the above case, the dealer is liable only to give the car in the same condition + services + Hassles free (Read Court issues resolved)

[am1m]

Originally Posted by ninjatalli

...for noobies like me, can anyone explain what's the offence/directive of a rebuttal FIR?

Yes please, this will be very useful information for anyone. So if anyone aware of the legal process could please explain, will be much appreciated. Thanks.

[A M]

Originally Posted by Guna

They will simply argue that it was taken out for a road test.

Originally Posted by ksameer1234

Service centers have this habit of taking vehicles for a test ride after service to make sure everything is fine.

The dealership and the place where the accident happened (according to the FIR copy attached in the first post) are nearly 7-8 KMs apart. There is absolutely no reason for the dealership to go that far to test the vehicle after service. Clearly, the dealership was mis-using the car.

[mac187]

Originally Posted by R2D2

Car dealers make you sign an "indemnity form" when you hand the car over for a service appointment..and in the T&C AKA the fine print, the long and short of it is "we are not responsible for what happens to your car when it's with us. All risks are borne by the owner".

I remember this clearly, it clearly states that the complete risk is with the owner. I also remember reading an article that just because these disclaimers are printed and signed they don't hold water in court. That being said it will surely be a long and tedious struggle for the owner to get out of this mess.

The bigger tragedy is for the parents who lost their little child, no amount of money can replace that.

The disgusting part of this story is the dealership planning to palm off the car to the unsuspecting owner post the accident, real scoundrels.

[R2D2]

Originally Posted by mac187

I also remember reading an article that just because these disclaimers are printed and signed they don't hold water in court. That being said it will surely be a long and tedious struggle for the owner to get out of this mess.

Yes, I remember that case too but can't remember the year. The problems as I see it are two fold:

a) Customer's car taken for a joyride by the ASC's staff and is involved with an accident. The previous case you referred to sets a precedent and the owner MAY...and I say MAY..be able to claim compensation from the dealership but this won't happen easily.

b) What is far more worrying is the loss of the child and given the Supreme Court's ruling back in Feb '18 clearly putting the responsibility of an accident squarely at the car owner's feet when there is a loss of life and/or damage to property.

IMO b) is should be the owner's primary worry. Owner would get compensated by the insurance company even if not the dealer assuming if the ASC person had a valid licence. But court cases and legal liabilities can haunt you for a long time to come.

The disgusting part of this story is the dealership planning to palm off the car to the unsuspecting owner post the accident, real scoundrels.

True! Honesty, integrity and ethics are hard to find nowadays. Renault should lean hard on this dealer to compensate the owner and retain his good will.

[the_skyliner]

So sad to hear about loss of a young soul.

Accidents happen and sometimes for fault of no one. However, dealer trying to hide it and let the owner take the blame for their employee's fault is a horrible thing to do. The dealer must be taken to task for this. Renault is not at fault here but can definitely put pressure on the dealer to compensate the owner in one way or other.

AFAIK, car will be returned to the owner after court gives go ahead (filing superdari). However, it is stuck in limbo till the case comes to an end. I may be wrong though. Better to check with a good lawyer.

Originally Posted by R2D2

b) What is far more worrying is the loss of the child and given the Supreme Court's ruling back in Feb '18 clearly putting the responsibility of an accident squarely at the car owner's feet when there is a loss of life and/or damage to property.

Can you please share the source/link for this ruling? Sounds really strange as what will happen in case of an owner of a fleet of vehicles? He will have to spend most of his time at the courts then.

[R2D2]

Originally Posted by the_skyliner

Can you please share the source/link for this ruling? Sounds really strange as what will happen in case of an owner of a fleet of vehicles? He will have to spend most of his time at the courts then.

Here you go: Change records after car sale or pay for mishaps: SC

[Zappo]

Originally Posted by Guna

They will simply argue that it was taken out for a road test.

Except for one fly in their ointment. The car was ready for delivery on 7th or 8th of August and the owner was duly informed of the same (if he recorded it or otherwise through the call records). The owner expressed his inability to collect the car immediately and promised to come and pickup the vbehicle by 18th Aug.

There could thus be no possible reason for the dealership to take the vehicle out for a TD a week after the work was completed and signed off for. Remember, the process in most dealerships is that there is a designated person for TD who goes with the Jobcard and looks out for any issues. Post that he gives a sign off. It is only after that the customer is informed that the vehicle is ready for delivery.

Originally Posted by the_skyliner

Can you please share the source/link for this ruling? Sounds really strange as what will happen in case of an owner of a fleet of vehicles? He will have to spend most of his time at the courts then.

Well its partially true as well. That's why big fleet owners have a dedicated legal cell (or at least a person or two) to take care of all these issues and deal with the courts. It very rarely happens that court asks the owner of the company to be present physically. Normally a representative is good enough.

[prithm]

One important advice for this owner will be to hire a competent lawyer from one of the law firms who deal with arbitration & compensation. They know the tricks of the trade.

He should gather all proofs regarding his where about on that day to prove his innocence. CCTV camera, ATM records, Cell tower location etc.

Counter FIR though a good move, will hold strength only when the presiding judge is well versed. Most of them are least bothered about the nuances & drag for out of court settlement.

Talking about out of court settlement, if this case is moved to Lok Adalat after mutual agreement by both parties, then end can be seen very soon.

Since this will be classified as Hit & Run in court register, owner needs to be little careful about his appearance in court dates & Police Station visits. Arrests can happen in either premises with little push from victim's family.

It will be a great move if he visits manufacturer's office & conducts a meeting with their legal cell along with his lawyer. Let them deal with dealer in their own way, but they can at least discuss the course ahead & if they offer their own lawyer to coordinate for agreement between three parties (victim, owner, insurance), that's a killer public relations move by them.

Everything will be hazy until four or five appearances & mindset of victim's family. Only after that will things gather a pace & with predictable outcome.

Hope things go the right path.

[mohansrides]

This thread is a nightmarish read. Really. This is the scariest shit that I have read. Period.

Generally, I believe in buying used. This thread just reinforces my belief. Now, I have absolutely no doubt that there is no real advantage provided by authorized service centers in India. In fact, most of them are quite unscrupulous.

Best course of action is to buy a nicely depreciated car which is out of warranty. Then, find a good local mechanic who can be groomed to be in your corner. Be prepared to not nickel and dime every single line item; and maybe even pay 5% to 10% more for the work purely to establish a good working relationship. Support his business, and provide him with references for other customers. Whenever possible, be there at his garage as he and/or his colleagues work on your car. Take the vehicle back home with you the same day if possible.

I am on my 6th year of ownership of a Maruti. Have never seen the inside of a Maruti service center. My local mechanic used to be a technician at Maruti for 10 years before he decided to go out on his own. The stories that he tells me about what goes on in those service centers are shocking. For a long time, I never believed him. Then, I read that thread here where someone got charged for a full service, although the car's dashcam showed that no work had been performed on the car at all while it was at the service center.

Here is a small anecdote from my experience. During the first year after my return to India, I was helping to design a Human Resources Management System for a reputed company here in Mumbai. The system had to have workflows for all the usual HR processes, such as recruitment, on-boarding, appraisals, etc. Along with all that, the clients proceeded to layout another workflow in front of me titled "Absconding". In my 10 years of work experience until that point, I had never heard of anyone willingly not showing up at work for no rhyme or reason. I knew of people getting fired, or even passing away on the job. But, a person just waking up one day and saying, "Screw it, I am done with this job"...? Well, that was a first for me. And apparently, here in India, it happens with a fair amount of regularity; to the point where HR has developed an actual procedure to handle such a situation.

My point is that if this is the level of professionalism in the educated white collar class; how can we expect any kind of professional behaviour in the skilled blue collar category? This is not to say that professionalism doesn't exist in those job sectors. But, if it does, it is a bonus and not part of standard operating behavior.

We should stop considering ASS as a factor in our purchases. It isn't a factor at all, really.