consumer complaint
Querist :
Anonymous
(Querist) 26 May 2010
This query is : Resolved
Dear sir,
My client had given his vehicle to the service centre for the whole routine check up viz. Oil Change, Water Pump Change, Hand Brake Assy. Change, Belts Change etc. Next date the officer from service centre informed my client that the whole routine check up had been done and my cleint can take his vehicle from his service centre.
My cleint after paying the bill amount of Rs. 19,630/- took away his vehicle.
My client had hardly driven his vehicle around 5-8 k.m. away from the service centre, my cleint was shocked and surprised that vehicle which was gone through the whole routine check up was suddenly stopped. Hence my client immediately called the service centre who in turn informed my client that there may be some silly problem and the same shall be repaired properly,
On next day Mr. Aditya from service centre conflicted/refuted his earlier statement and informed my celint that the engine of the vehicle has been ceased and the gas kit has to be change. My cleint after hearing the statement of Mr. Aditya, accompanied the local mechanic to the service centre, where after check up in front of Mr. Aditya it was found that the service centre had forgotten to put the oil in the engine and as a result of which the engine of the vehicle was ceased. even the local mechanic had vouched that the mischief is played by the service centre and is ready to give his affidavit to that effect.
even after inquiry it was found by my client that pre delivery inspection was not carried by the service centre and the vehicle was delivered with out PDI. what really surprised my cleint, when the verbal argument was going on for not putting the oil in the engine and damage occurred due to negligence/ carelessness of the staff of the service centre, the staff from the service centre came with five liter oil canister and put the oil in the engine.
My cleint tried to resolve this dispute peacefully with the seniors and with Mr. Karnik-Manager of service centre, but all his efforts went into vein.
hence my cleint was compelled by give Advocate notice dated 22.02.2010 to the service centre, calling upon “To repair the ceased/damage engine caused to my client’s car with in 48 hours from the receipt of the notice, other wise the repair shall be made by my client from other service center and the cost/expenses caused /incurred to my client will compensated by you through appropriate forum/court”.
After in compliance of legal notice Mr. Karnik –Manager from the service centre orally accepted the fault/blunder committed by the service centre and carried out repairs of the said vehicle.
Despite acceptance of fault committed by Mr. Karnik-Manager of service centre and assurances from General Motors India Pvt. Ltd., to look in to the matter seriously, the vehicle of my cleint was illegally seized and detained for more than 15 days for not meeting the illegal demands of Rs. 76,650/- imposed on my cleint.
My cleint to save him from unnecessary harassment and mental agony and also to protect his car, paid amount of Rs. 76,650/- which he had paid under protest, because the service centre was not ready to release the vehicle unless payment of Rs. 76,650- paid to the service centre.
even after payment of Rs. 76,650/- under protest, vehicle of the Complainant was not repaired properly, the vehicle of the Complainant was push-start, even the starter of the vehicle was burnt and the right side mirror was stolen, for which my cleint raised an objection, Mr. Aditya from the service center did not pay any head to my cleint objection and told my cleint “yeha se gadi jaldi leke jao nahi to ek ek part chori ho jayeja”.
Sir, My client had instructed me to file consumer complaint, kindly guide me what should be my ground and how to fight out the case.
Thanking you,
Adv. Santosh Thakur
Guest
(Expert) 26 May 2010
REGARDING THE MATTER KINDLY FILE COMPLAINT AND CLAIM DAMAGES AND COMPENSATION FOR DEFICIENCY IN SERVICE,NEGLIGENCE AND CLAIM REFUND OF AMOUNT OF RS.75650/-ALREADY CHARGED BY SERVICE CENTRE ILLEGALY.ALSO FILE COMPLAINT IN COURT AND MAKE RESPONDENTS 1 THE MANUFACTURER OF THE VEHICLE 2 DISTRIBUTOR 3 DEALER AND 4 SERVICE CENTRE .ALSO PRAY FOR COST AND COMPENSATION FOR MENTAL TORTURE,HARASSMENT AND LEGAL AND OTHER EXPS AND REFUND OF AMOUNT ALREADY CHARGED FORCEFULLY BY THE SERVICE CENTRE.
YOU WILL SUCCEED.
THANKS.
mahendrakumar
(Expert) 26 May 2010
you may file consumer complaint for deficiency in service and unfair trade practice along with negligence.
was the vehicle under warranty?
whether the service centre was approved?
if answers question is affirmative,then only,make other parties as respondents.
hope you have all the documentary proof to support your case.
adv. rajeev ( rajoo )
(Expert) 26 May 2010
File a consumer complainant against the service centre, because vehicle service is done by the service centre, it is the absolute negligence of the service center.
