Raj (Solution Manager) 12 December 2009

Negliance from Authorised TATA Motors Service Center

Need consultation on the following case. CASE: We owner of passenger car had given the vehicle for small dent removal & paint to Authorised Service Center on 04.12.09. The vehicle in extremely good engine condition, purchased 27 months back. The Authorised service center completed the activity & the possession of the car taken back on 05.12.09, 7 P.M. After driving just less than 8 kms, the complete car on running road caught fire resulting in complete damage of the car. The RC book of the vehicle with authorised RTO, Indian government, insurance company approved LPG Kit as well installed the second day the vehicle was purcahsed. TATA Motors completed 3 Free Services illustrated on purchase of the vehicle & no remarks made on any topic. In any case, the complete Kit is fully intact in the back of the car & was not used for 6months (cylinder also fully empty, checked by them). The car was run oin petrol during the accident. Activity carried by us till date : 1) FIR in the police station 2) Application to police station indicating negliance in refitting of wiring from the agency 3) Taken matter up with TATA motors 4) Demanded for replacement of the vehicle of same brand & model with the agency & tata motors TATA motors sticking to baseless point of Kit being present in car & protecting themselves from any ownership. Ownership because they have acknowledge the responsibility of any wrong doing from Authorised Service center on themselves. As a gentleman, i have said i may forgo the hospitalisation bill, threat on life due to negliance & handover the money to them which will be claimed in the insurance Kindly guide on my rights to claim my vehicle back.

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4 Replies

Gundlapallis (Advocate) 13 December 2009

You file a petition against TATA motors and your own insurance company for compensation of damages. The court will approtion the burden to share between them depending on the facts you mention.

Raj (Solution Manager) 13 December 2009

Thankyou sir for the reply.

We have planned a legal notice to TATA motors with CC to M/s George Automobiles, Authorised TATA Service Center.

Sir, I need consultation on the following as well.

1. The police complaint was registered on 06.12.2009, but the local police station hasnot provided us the FIR copy nor carried out the Punchnama till date. Thrice we have being to the station, but they are restrating themselves by telling the concern officer on leave.

Actually, the incident has happened near the Authorised service center & the owner is completely pally with the local police stn. He himself has commented that he services all the personal & official vehicle of the station free of cost.

2. The Insurance company surveyor is also not responding to our calls. We have registered the claim on the day of accident itself ie. on 06.12.09. The Surveyor Mr. Hardip Mawana has an day to day dealing with Authorised service center. We have registered a complaint with Insurance company on dealing the case. They also informed us ideally it is good to complete the claim procedure within a weeks time.

Please guide on the point no.1, 2 & my further course of action to be.

Gundlapallis (Advocate) 13 December 2009

If the police are not responding at station level file a complaint before higher authority preferably superintendent of police. As far as insurance is concerned give them a confirmatory telegram immediately mentioning your previous information and non-compliance of procedure on their part. Keep copies with you.