[melroyal]

My name is Melroy Alphonso staying at Mumbai.I had purchsed a ruby red Hyosung GT650R from Ronit Motors,Mumbai in the month of June,2011.I was one of the first customers in Mumbai to city to purchase the bike.
Garware Motors has sponsered a endurance ride to complete distance of 2400kms in 24/36hrs.They had made a part payment of Rs10,000 for doing the sponsered ride.


My ride was Mumbai to Jaipur and back and the scheduled date was 10th November 9am.Before the ride on 9th Nov,Amit Keswani supervised by bike being checked and also got the bike washed at Ronit Motors workshop.There was a problem after the wash and the bike FI light started blinking,the problem came up as a fauty gear position indicator and it was duly replaced.


I set out on my ride Thursday 10th morning.Sheikh muzzamil(workshop manager,Ronit motors),Vishal Punjabi(nephew owner,Ronit Motors) and Amit Keswani(Technical engineer,Garware motors) was present along with my family member and friends.My ride from Mumbai to Surat was smooth,went ahead passing Ahmedabad and then at Gandhinagar after refuelling from the petrol pump.I felt like the rear tyre was slipping and I slowly parked the bike on the side and contacted Mr Amit Keswani.I also informed him that earlier during the day,the bike had tilted and fallen on the right hand side while negotiaitng a turn.The fuel leaking stopped and I started my bike again,going little ahead the same problem happened and I slowly stopped the bike on the side of the road.Thankfully I had come to a small village area and the store owner helped me out by calling a mechanic.The mechanic Mr.Iqbal arrived and he pushed the bike to the workshop.The roadside mechanic was in constant touch with Mr Amit K through phone calls on how to rectify the problem.After getting it checked ,the mechanic came along with his scooter following me on my bike to check whether there is leakage happening again.And yes It did for the third time.Again the mechanic was in talks with Mr.Amit K and the problem seemed to be the bike's faulty fuel pump.Mr Amit K was in talks with Dhwanish Patel(sales incharge,RC motors).They asked me to get my bike to RC motors,Ahmedabad.After making arrangement myself I loaded the bike on to a pickup vehicle and took the bike back 50kms plus from Ghandinagar area to the showroom.
The owner Mr H.K was present along with two mechanic(Arif & Mahindra) and he greeted me and treated me well.The mechanic stated working on the bike and the replaced the bike's fuel pump.The dealer's mechanic(Mahindra) took the bike for a test and made a "U"turn to the other side of the road and raced the bike so fast that the engine noise was very loud.Barely 5-10secs after racing the bike he hit the the divider,further going ahead and hitting the pole.He didn't bother to wear a helmet.After getting the mechanic admitted and hour later he died.I took a air flight Friday afternoon 3pm at my own expense after informing Mr Amit K & Mr Shivpadia Ray and came back to Mumbai,I also informed them that my bike is lying at RC motors showroom badly damaged.


Now,I'm stuck the bike which is damaged from all sides very badly.Mr Amit Keswani(Technical engineer at Garware motors) says it's my fault that the bike's fuel pump was damaged because I had dropped the bike earlier during the day.Mr Sachin BHaiyya(Brand manager/Mktg manager at Garware motors) says I should claim insurance on the bike.Mr Shivapadia Ray(General Manager,sales& marketing at Garware motors)spoke very rudely on the phone and had a argument.MR Dwanish Patel(sales manager at RC motors,Ahmedabad) says that it's my fault that they have lost a mechanic.

[bigron]

Go approach the consumer forum and take all the details/ bills/documents along with you. See if you can find any witness. File a FIR for negligence and lapse in duty of care under law of tort.This will be in regard to the mechanic who damaged your bike and his death. Worry not , his death is not your headache. Also file a complaint for mental harassment/ financial loss.
Having said all this , you should have debunked your plans to carry on further once the fall happened. What do you mean by rear tyre slipping ?

[ANUJ GEORGE]

That was very unfortunate, and I hope you have all the papers with you. Did RC Motors give you the copy of the job card when they took your bike for repairs? In my opinion, it is always safe to consult a good lawer before you deal with the dealer, specially when it comes to written communication.
And do not feel sorry for the Mechanic, it's not your fault that they lost the mechanic. They should have trained the Mechanic for what he should be doing and what he shouldn't be.

[bblost]

Melroy:

From what I understand of this situation.
1. You gave your bike for repairs.
2. The dealership during the course of repairing the bike gave it to their mechanics.
3. Unfortunately the mechanic crashed your bike and tragically died.

There are 2 separate things, now.

The unfortunate and tragic death of Mahindra (mechanic).
I have read some posts in facebook, where the dealership is blaming you.
There is NO way you were responsible for this accident. The mechanic was not wearing a helmet. The dealership and the mechanic are responsible for this. The dealership because they have no sense of responsibility towards the safety of their staff. Its the unspoken duty of an employer to keep the employee's safe. They FAILED.

Your bike is damaged.
The cost of repairs must be borne by the Dealership.
Legal Precedent: http://www.team-bhp.com/forum/indian...ase-court.html

[svsantosh]

1) Sad to hear the loss of the mechanics life - sadder to hear how he died - without helmet - revving the crap out of a twin cylinder bike - not a mature sign!!

2) You can nearly kiss the bike good bye, dont get me wrong - but too many things are against your case.... (a) mechanical fault (b) loss of life - Insurance will make your life miserable before paying you. Was it a full cash purchase or a loan purchase?

3) Get a lawyer ASAP and 1st clear yourself from the death (it was on your bike - 3rd party insurance will come out of your policy), then fight for the 5-6Lacs of the bike!! Please contact the TBhpian who is expert in automobile insurance, I forgot his name - he is also from bombay...

[apachelongbow]

Originally Posted by melroyal

Now,I'm stuck the bike which is damaged from all sides very badly.Mr Amit Keswani(Technical engineer at Garware motors) says it's my fault that the bike's fuel pump was damaged because I had dropped the bike earlier during the day.Mr Sachin BHaiyya(Brand manager/Mktg manager at Garware motors) says I should claim insurance on the bike.Mr Shivapadia Ray(General Manager,sales& marketing at Garware motors)spoke very rudely on the phone and had a argument.MR Dwanish Patel(sales manager at RC motors,Ahmedabad) says that it's my fault that they have lost a mechanic.

Very sorry to hear your sad tale mate!! This is what happens when you buy stuff from third rate parties like Garware.
They can never be trusted to honor any commitments. Please make a detailed report with all facts and approach the consumer court for redressal. Also ensure you file a report at the police station so that you are not harrassed by the mechanic's family or Garware blaming his death on you.

[The Great]

It is sad that someone died riding the bike. But i think you should know the following points.

From insurance point of view (purely from insurance point of view):
1.)The driver who unfortunately died in the accident, would be compensated by the insurance company under the third party insurance clause. The Owner being the first party, the Insurance company being the second party, and anyone else other than the above two is referred to as the "third party", who, because of your vehicle, is hurt or has damaged his property or has unfortunately died.(if and only if you have a valid insurance policy, which generally is given along the bike from the dealer or you must have purchased from outside.)

2) But most importantly if the driver of the vehicle who lost his life, dosent hold a valid drivers license then the liability is null and void under "Negligence" clause.

3) If you have given the bike to the authorised dealer/ service station, with a valid job card, then the liability is viewed from the service station point of view where their negligence or responsibility is investigated. This is a very vague point as most of us do not take care of properly taking the job card or read the fine print on it. The service station has handed over the bike to their mechanic without your knowledge hence it is not your negligence or responsibility weather the mechanic got hurt or expired during the course, hence the insurance policy will not be in effect in this case. It is purely the service stations responsibility on their workers/ employees well being.

4) You will get the damages on the bike as 50% depreciated value of any plastic or rubber parts which are replaced, metal parts are depreciated @ 20% in first year, and any denting painting repairs and labour costs are paid in full, but if the driver of the vehicle at the time of accident doesn't hold a valid driving license or if the driver is under the influence of alcohol. then again the insurance claim is null and void. So here again it becomes the service stations responsibility to get your bike repaired to the condition when you handed over the bike to them.

First and foremost file an FIR with the local police authorities. Contact a lawyer for the dispute.

All the above points are solely put for your reference as per my knowledge. I am in no way making concrete statements that the above statements will or should happen. They are just for your reference, kindly do recheck with your lawyer.

[Motormania]

Hi Melroy,

really feel sad for your bike's condition, more so for the demise of the mechanic. There have been a lot of speculations/doubts in the minds of people regarding this whole incident and what followed. And you havent really been very clear in stating the facts clearly. Most of your updates seem like out and out bashing rather than facts.
Is it true that you refused to lend your helmet/didnt voluntarily lend your helmet to the mechanic when he set out for the TD?
Why are you going about deleting every person from your fb profile who are even slightly critical of this incident? Is there something which is making you insecure? Whereas on the other hand there are tons of people out there openly abusing/bashing the dealer/company.
Do you realise that if you go on to file a case, the company can file a defamation suit against you too for all the bashing/abuses on social networking that you have resorted to?

Dont assume that I am speaking against you or anything, but then these things are quite evident.

I do stand by you for the fact that the sales manager too got vocal and hurled abuses at you openly on social network which is absolutely not acceptable and he deserves a sound thrashing for that,nothing less,nothing more.
But you have a lot of stuff to clearly state.

[harishnayak]

Originally Posted by Motormania

Hi Melroy,

really feel sad for your bike's condition, more so for the demise of the mechanic. There have been a lot of speculations/doubts in the minds of people regarding this whole incident and what followed. And you havent really been very clear in stating the facts clearly. Most of your updates seem like out and out bashing rather than facts.
Is it true that you refused to lend your helmet/didnt voluntarily lend your helmet to the mechanic when he set out for the TD?
Why are you going about deleting every person from your fb profile who are even slightly critical of this incident? Is there something which is making you insecure? Whereas on the other hand there are tons of people out there openly abusing/bashing the dealer/company.
Do you realise that if you go on to file a case, the company can file a defamation suit against you too for all the bashing/abuses on social networking that you have resorted to?

Dont assume that I am speaking against you or anything, but then these things are quite evident.

I do stand by you for the fact that the sales manager too got vocal and hurled abuses at you openly on social network which is absolutely not acceptable and he deserves a sound thrashing for that,nothing less,nothing more.
But you have a lot of stuff to clearly state.

I disagree with you here. I think Melroy has been a very responsible biker for long now and going by the series of the events and the negligence on the part of the mechanic there is no pint which is against him.

Also he's taking the risk of putting everything on social networking and automotive forums which would definitely attract criticism and favourism for the case he's presenting.

If the company has any strong points then they should be coming up with it at all the places where he's posting this incident.

[Motormania]

Originally Posted by harishnayak

I disagree with you here. I think Melroy has been a very responsible biker for long now and going by the series of the events and the negligence on the part of the mechanic there is no pint which is against him.

Also he's taking the risk of putting everything on social networking and automotive forums which would definitely attract criticism and favourism for the case he's presenting.

If the company has any strong points then they should be coming up with it at all the places where he's posting this incident.

Neither am I saying anything myself. There has been a lot of heated words exchanged, allegations etc from both parties. Just like Mel, GM officials should also be given a fair chance to present their version of the incident. Aint it?
The iota of doubt arises by the fact that Mel has been deleting comments/blocking his "biker" friends from his profile whenever is trying to be even slightly critical of him/or cross questioning him. Neither is he replying to the allegations by the officials. Dont you think this raises a lot of question in the minds of the readers?
I still re-iterate that the offensive language used by the sales manager is totally uncalled for and he deserves a thrashing.

[harishnayak]

Originally Posted by Motormania

Neither am I saying anything myself. There has been a lot of heated words exchanged, allegations etc from both parties. Just like Mel, GM officials should also be given a fair chance to present their version of the incident. Aint it?
The iota of doubt arises by the fact that Mel has been deleting comments/blocking his "biker" friends from his profile whenever is trying to be even slightly critical of him/or cross questioning him. Neither is he replying to the allegations by the officials. Dont you think this raises a lot of question in the minds of the readers?
I still re-iterate that the offensive language used by the sales manager is totally uncalled for and he deserves a thrashing.

@Melroy - I think you need to answer the point brought up by Motormania and then post this link on your FB stat where you've posted the same matter. Doing this would put all the speculation to REST.

@MotorMania - Let's wait for Mel's reaction on this.

[melroyal]

Originally Posted by Motormania

Neither am I saying anything myself. There has been a lot of heated words exchanged, allegations etc from both parties. Just like Mel, GM officials should also be given a fair chance to present their version of the incident. Aint it?
The iota of doubt arises by the fact that Mel has been deleting comments/blocking his "biker" friends from his profile whenever is trying to be even slightly critical of him/or cross questioning him. Neither is he replying to the allegations by the officials. Dont you think this raises a lot of question in the minds of the readers?
I still re-iterate that the offensive language used by the sales manager is totally uncalled for and he deserves a thrashing.

Yes,I have been deleting comments and removing ppl from my friends list.As they happen to be related with Garware and are unnecessary blaming me for mechanic death because dealer provided service 1.30am.

Bikers need to know the whole story from both sides.Please do contact RC Motors,Shop No 16/17, Rudra Arcade, Nr Helmet Cross Road, Memnagar, Ahmedabad - 380052.PH:7874607070,7874507070.

[aargee]

RCM compensates for mechanic; Garware takes the crashed bike, sell to scrap and/or claim insurance; give away a new bike to Mel. How complex are these?

When Hyosung & Garware are stepping into business, shouldn't these incidents been handled well?

[nav75]

Originally Posted by melroyal

Yes,I have been deleting comments and removing ppl from my friends list.As they happen to be related with Garware and are unnecessary blaming me for mechanic death because dealer provided service 1.30am.

I am one of the many people you have removed. Not that I am repenting it but just to call your bluff. I am not related to Garware by any means & I never blamed you for mechanic death. I just mentioned what's normally written on a job card (that you are giving the vehicle to service at your own risk) & next thing you did was to click remove.

[Sn1p3r]

Originally Posted by aargee

RCM compensates for mechanic; Garware takes the crashed bike, sell to scrap and/or claim insurance; give away a new bike to Mel. How complex are these?

When Hyosung & Garware are stepping into business, shouldn't these incidents been handled well?

The plot thickens and I don't want to add to the mystery but I would say I agree totally with Aargee. It is understood that our vehicles are given on service under the logical understanding that dealer is to take care but if they bash it up then it is not your fault.

The company can give no logical explanation as to how the mechanic died while on test drive post rectification of issues, Garware should cut the slack and earn respect here.

@Melroyal: IMHO please refrain from being vocal on social media until your case has been dealt with, as correctly pointed earlier it can lead to defamation case if the argument is on the net.