defetive goods
P.C. Joshi
(Querist) 23 March 2010
This query is : Resolved
Dear Friends,
Pls advise on my following query.
A Ltd bought a 150 HP motor make of Hindustan Motors through its dealer XYZ.
The value is Rs 2.50 lacs appx. date of purchase is Sep 08.
The motor has started giving problem from jan 10. A ltd complained to XYZ and asked to replace the same as it is due to manufacturing defects. We have other motors working for 20 years and still doing well. But Hindustan Motors is not willing to replace the same saying that warranty period is over. However,the dealer XYZ is willing to do rewinding free of cost. But A ltd is not accepting anything less than free replacement.
Pls advise what legal recourse is available to A ltd to get the motor replaced from the dealer/company.
Regards
P.C. Joshi
Parveen Kr. Aggarwal
(Expert) 23 March 2010
You can raise any claim against the dealer or manufacturer only if there is breach of any undertaking on their part. You have stated that warranty period of over. During warranty period, you could have lodged claim because for that period they had assured you. But the period of assurance being over, you cannot have any claim.
Moreover, if there would have been manufacturing defect in the motor, it would have started giving trouble from the very inception and not after more than one year. A Ltd. cannot get the motor replaced from either the dealer or the company.
Prakash Yedhula
(Expert) 23 March 2010
The chances of replacement of the motor is bleak at this length of time, moreso when the warranty period is over. Unless you can prove strongly that the malfunctioning is only due to manufacturing defect, you are not going to succeed. It is better to accept the free repair job offered by the dealer.
Kumar Thadhani
(Expert) 24 March 2010
WHY WERE SLEEPING OVER YOUR RIGHTS SINCE LAST THREE YEARS.
