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|6th June 2009, 18:06||#16|
Senior - BHPian
Join Date: Apr 2009
Location: The Nilgiris
Thanked: 109 Times
I think its best if you file suit against the highways department and other surface layout bodies for the pathetic condition of some of the roads, this will be easier than the latter.
|6th June 2009, 20:30||#17|
Senior - BHPian
Join Date: Jun 2007
Thanked: 150 Times
But we expect that such things do not happen? And when it happens with Tatas, Fiats and skodas, we make a hue and cry, no?
That said, I agree with what most people said. And here is something I did not want to say in my earlier post - des minimis non curat lex. The law will not look at small losses / damages. So, the question is, rattling in a car a "minor" problem?
|8th June 2009, 10:52||#18|
Join Date: Dec 2005
Thanked: 86 Times
DIY consumer activism is not necessarily a bad idea if you have the patience to slug it out.
For those among us who dont, approaching consumer courts is a much better idea. Every major city has one of these usually run buy a lawyers collective and headed by a retired HC/SC judge. In pune we are fortunate to have a effective consumer court system and i am sure Bangalore will have one too.
Not sure of the system right now in Bangalore, but here is how it worked when i took HDFC Bank to court over mishandling a car loan taken for myfirst Maruti 800.
You file a report with the local forum and pay a small fee (back then around 230 bucks or so). Someone at their end goes through the case in detail and sends out notices asking you to be present on some day(used to be thursdays for bank related stuff).
In my case it took just 3 such meets to get the matter sorted out, but i had all my loan statements etc ready in hand and all documentation was clear from my end. In my case i got my 2 "extra" EMIs refunded and 1 month EMI as damages plus they had to pay the court fees not sure of what those were. For my part i didnt pay anythign more than the 230 bucks i paid for the original filing.
be careful though that most automobile company cases dont have such an easy resolution. In one case i remember at the same Consumer Court, one senior gentleman was fighting Maruti for a WagonR which was defective. the gentleman was claiming that the defects were there from the first day, like corrosiion in the rear swinging door. The dealer told him that once alloted, the car couldnt be cancelled defective or not! The dealer asked him to accept the car and then claim warranty! the gentlemen did as told but Maruti refused to honor the corossion etc as defects and charged him for the repairs which triggered the case. i am told he lost the case!
So make sure all your documents are clear and you have a strong case.
EDIT: the case was against a reputed maruti dealer and not maruti
Last edited by COUGAR : 8th June 2009 at 10:56.
|8th June 2009, 15:38||#19|
Senior - BHPian
Join Date: Jan 2008
Thanked: 105 Times
I don't agree that rattles, vibrations, etc., are a small issue! They can actually "make or break" a car! This is a science in itself. And the presence of rattles/vibes/etc., just proves the failure of this department at the manufacturer's end. It is of course a different matter what our "hon'ble" judges think of this... and thats the problem. But I'm surprised about TBHP members labelling this as a minor issue!
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