[torque!!]

We absolutely should have anti-lemon laws here. But then, there are so many more things we want the Government to do for us that it does not know where to start and ends up doing nothing!

We have provisions and various agencies like ARAI, ministry of road transport and highways, etc. to implement the provisions, but none of them are very active when it comes to enforcement.

e.g. ARAI conducts fuel efficiency tests for cars. But those figures never give a real world picture. Perhaps, there is need for ARAI to set standards to measure real world efficiency and provide a City, Highway and Combined number thats realistic.

Overall, there is a lot of scope for stricter laws and provisions. Just that the agencies need to be more active...

[SILVERWOOD]

Dear Friends,

This thought has been lingering on my mind for sometime and i want to take this up now.

A legal representation will be sent to the ministry of Transport and Highways and asking them to frame laws to this effect.

Waseem.

[SILVERWOOD]

It is heartening to know that countries like Philippines have also passed Lemon Laws.I have attached a PDF copy of the same.

The basics of the law are summarized below for better understanding.


Did you know that the Republic Act No. 10642 or the Philippine Lemon Law which took effect in 2014 can protect your consumer rights against some car dealers’ trade malpractices? In order to help enlighten you of its basics, here are 10 FAQs (frequently-asked questions) that we compiled.

What is a lemon car?

In its basic definition, a lemon car is a defective brand new unit that’s bought from an authorized dealer in the country.

What vehicles are covered by the Law?

It scopes a wide range of vehicle types such as passenger cars, crossovers, SUVs, pickups, vans, and AUVs. It, however, excludes motorcycles, buses, delivery trucks, dump trucks, and heavy equipment like bulldozers and cranes.

How long is the law’s effectivity?

Consumers are protected by the law up to 12 months after purchase or within the vehicle’s first 20,000 km of total distance traveled, whichever comes first. The time period may be short, but on the bright side, most car manufacturers these days offer warranty benefits and free preventive maintenance services (PMS) for up to 3 years or more which may help in resolving potential factory defects.

What kind of defects does the law acknowledge?

Any factory defects found in and around the brand new unit that don’t meet the manufacturer’s specifications or warranty claims are covered by the law. Upon assessing the unit for defects, the dealer should take action and resolve the issue.

When and how can the consumer avail his/her rights under the law?

The consumer may request (in writing) the dealer to have the defective unit fixed within the 12-month time period for at least 4 attempts. This, however, comes with an agreement that the consumer must return the unit within 30 days from the previous repair attempt, should the issue still persist. If unreturned within 30 days, the previous repair may be considered as successful.

If the dealer didn’t resolve the issue beyond 4 attempts or if the issue persists after several repairs, the consumer may then issue a Notice of Availment of Lemon Law Rights to the dealer. If both parties agree with the notice, the consumer shall then return the unit for a final repair attempt. If the dealer still fails to resolve the issue, the consumer can bring the case up to the Department of Trade and Industry (DTI) for assistance.

Are there any issues that go beyond the law’s protection?

Yes. These issues include; non-compliance to the warranty terms and conditions, unit modifications within the warranty period, and careless use of the unit. Damages caused by accidents or acts of nature like flash floods and earthquakes are likewise not honored.

This aspect of the law is important so as to protect the honest dealers’ rights against some consumers who may have wrongful intentions that would damage credibility and reputation.

Is there any compensation for the customer during repair of the unit or availment of Lemon Law rights?

Yes. During the period of unit repair or availment of Lemon Law rights, the dealer shall provide the consumer with either a daily transportation allowance or a service vehicle.

If ever the DTI deemed the issue in favor of the consumer, he or she can request the dealer to replace the unit with a similar model or a vehicle of higher value. Should the consumer choose to have a more expensive model, he or she has to pay the additional cost. On the other hand, the consumer may return the defective unit and demand a full refund with collateral damage pay.

What if the DTI rules in favor of the dealer?

If it’s proven that there's no defect on the unit, the DTI will order the consumer to pay or reimburse the total amount that’s spent by the dealer in repairing the otherwise non-defective unit.

Can the consumer or dealer make an appeal?

Yes. Both parties can seek help from the DTI in appealing the case within 15 days after the decision has been made. This, of course, has a few grounds to meet, most especially with regard to the possible factual errors in the decision-making.


What will happen to the non-defective unit if returned or replaced?

The dealer may resell it, provided that the new buyer is given full documentation of the unit’s history. Not doing so may result to the dealer paying P100,000 in damages to the new buyer.

Source:https://www.autodeal.com.ph/blog/bas...pine-lemon-law

Waseem

[SILVERWOOD]

Dear Friends,

A legal representation has been sent today to the ministry of Transport and Highways and asking them to frame laws to protect the interests of car buyers in India.(Anti Lemon Laws)

I have requested them to reply within 21 days failing which we will be seek legal recourse.

Waseem.

[SILVERWOOD]

Dear Friends,

We have decided to file a petition in the Karnataka High Court under under article 226 of our constitution since we did not get any reply on our legal representation which was sent to the transport ministry.

I am looking for petitioners who have suffered/suffering due to Lemon cars.Please ping me if you are interested to be a part of this petition.

Petitioners can be from MH,TN,KA and Del/NCR.

Waseem Memon.

[SILVERWOOD]

Dear Friends,

We will filed a PIL on Anti Lemon Laws under article 226 in Karnataka High Court today.

The matter will be listed after scrutiny by the registrar's office for any filing defects.

I will keep you all updated as an when the matter is listed for hearing.

Waseem

[balajisv]

Originally Posted by SILVERWOOD

Dear Friends,

We have decided to file a petition in the Karnataka High Court under under article 226 of our constitution since we did not get any reply on our legal representation which was sent to the transport ministry.

I am looking for petitioners who have suffered/suffering due to Lemon cars.Please ping me if you are interested to be a part of this petition.

Petitioners can be from MH,TN,KA and Del/NCR.

Waseem Memon.

Hi Waseem,

I would like to explore joining you and be part of this petition.

[SILVERWOOD]

Originally Posted by balajisv

Hi Waseem,

I would like to explore joining you and be part of this petition.

You are more than welcome.Please get in touch with me.I have PM'ed you my contact details.

Waseem.

[SILVERWOOD]

Dear Friends,

We had a filed a PIL on Anti Lemon Law on 01/07/2017

The Writ Petition no is 29416/2017.I will keep you all updated on the proceedings.

Waseem.

[SILVERWOOD]

Dear Friends,

We had a filed a PIL on Anti Lemon Law on 01/07/2017 & the Writ Petition no is 29416/2017.

The registrar's office has raised office objects and we have complied with them. The matter should be listed next week and i will keep you all updated on the proceedings.

Waseem.

[SILVERWOOD]

Dear Friends,

I have a great news to share with all of you.

We had a filed a PIL on Anti Lemon Law on 01/07/2017(Writ Petition no is 29416/201) & the same was heard today at Court Hall No. 1 by the Chief Justice.

The Chief Justice said that this law is required to protect the interest of Vehicle buyers and has disposed off the petition by asking the Union & State Govt to consider our representation.

We have been asked to submit a detailed representation to the Union & State Govt since our representation which was submitted prior to filing the PIL was very brief.

We are awaiting the certified copy of the order and will send a detailed representation as soon as we get the same.

Waseem.

[SILVERWOOD]

Dear Friends,

The order copy is attached.

We will send a detailed representation next week.

Waseem.

[Mortis]

Originally Posted by SILVERWOOD

Dear Friends,

The order copy is attached.

We will send a detailed representation next week.

Waseem.

Excellent news ! Your efforts are greatly appreciated by all of us car owners.

[SILVERWOOD]

Dear Friends,

A detailed representation has been sent to the Principal Secretary, Govt Of Karnataka as per the order of the High Court Order on Framing Anti Lemon Laws In India.

A copy of the representation has been sent to the Union Ministry Of Transport As well.

Waseem.

[SILVERWOOD]

Got this as forward on watsapp.

Waseem.