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Vidhyadhara PN (self)     29 April 2013

Deficiency in after sales service & not abiding by warranty

 

Dear Sirs, I have a Ford Figo 1.4 EXI. brought during 22.06.2012 at Bangalore from FORD dealer. 

 My vehicle has completed First service at 2500 kms and Second service was due by 22.06.2013 and it has covered 5700 kms. There were no indications or warnings on the vehicle for breakdown.  The vehicle failed to move due to clutch malfunctioning on 20th April 2013. During that time, I requested for Road side assistance and dealer help to tow. They washed their hands stating that, owner has to do on their own and end up in paying another additional Rs. 4000/= (Rupees Four thousands only). The vehicle reached Elite FORD service station on 20th April 2013 around 10:45 PM. Nowhere mentioned in the manual that the road side assistance is limited to 50 kms only. but now customer relationship department is arguing.

 On 22nd April 2013, the clutch assembly is dismantled and found that the complete clutch assembly is failed due to malfunctioning of Clutch assembly. The Plates are completely damaged and plate friction material is converted as jelly wool. It is a clear indication of Plate facing material problem and clutch malfunctioning. It may be due to Faulty slave cylinder / Incorrect alignment of Flywheel / release clip incorrectly fitted / Misalignment condition between engine and gearbox /  increased speed of the gearbox input shaft /  Faulty oil seals /  Faulty release mechanisms /  Insufficient release bearing clearance / Excessive bearing preload / Damaged release bearing / Incorrect clutch assembly and high temperatures in the clutch assembly. It is purely premature failure due to manufacturing and defective system.

 

The dealer and Ford customer relations  came back with an one line stating that overriding was the failure cause. I requested for complete Field failure report including the reason(s) for the failure for the parts and complete assembly including diagnosis / Root cause analysis for the assembly but they are denying to provide the complete report except one line answer stating that Override / Over use was the cause for failure and warranty doesnot cover for consumable parts.

When a customer has paid more than 7 lakhs for a car what is his intention. Do you mean to say that every 5000 kms keep spending since operational conditions? What is your design philosophy?.  I am coming to the conclusion that in the name cost are we killing quality and charging to the customer.

Similar incident ahs been reported in Kairali Ford Kochin, when I brought to theire notice they say they they wont vouche for internet media. They are trying to suppress the failures like this and charging to customer.

When you give 1 lakh kms warranty or 3 years of service, it is understood that the vehicle should withstand different driving conditions and environments except accidents. The vehicle has covered just 5700 kms sparingly used in less than 8 months and that to good highways.  That means it has covered only 5% of the life warranted. Hence FORD INDIA has provided defective product and hence premature failure.

 It is expected that when an OEM sells a car to customer, it has to complete the expected life period and cannot be excused by blaming the operation conditions. If you bring operating conditions as an excuse under warranty period then there is no necessity to mention warranty to customers.

Now, I am decided to go to court for their disobedience. 

Can you guide, how I should approach and can I file 2 cases. One for not respecting the warranty and other one for cheating the customer and providing the faulty car.

Request Forum advice on the same.

Regards

Vidhyadhara PN

+91 9538994493

 



Learning

 2 Replies

Adv k . mahesh (advocate)     29 April 2013

1. why you have not opted to the break down road service inthe first pretext they will blame you not using that particular service

2. they will provide such service with well trained service technians in such situation if more than prescribed kms then you have to pay a nominal charges 

3. as per there warranty if you sue road side service then they are not trained technicians so they may defend on particular issue

4. if you intend to go legally then consullt a local lawyer who will help you to issue them a letter stating facts with a copy to company greivances cell with registered acknowledgement due and file in district consumer court 

Vidhyadhara PN (self)     29 April 2013

 

Dear Sir,

My answers are as below as per per index wise.

 

 

1. why you have not opted to the break down road service inthe first pretext they will blame you not using that particular service

 

I opted for Road side assistance, They said the vehicle breakdown location does not come under city coveregae area. But in there website nowhere mentioned about kms limit. IT is for the whole country. They asked me to to be in touch with Local dealer of nearest city. The delaer said if Road side assistance is not coming forward, you have to tow the vehicle on your own payment. The dealer will not be making payment for the same. Finally I called back again for Road side assistance, they said delaer will make an arrangement to pay the towing charges if under warranty. but no one is taking ownership. 

2. they will provide such service with well trained service technians in such situation if more than prescribed kms then you have to pay a nominal charges 

 

Both asked me to tow the vehcile to Bangalore delaer Elite ford. It was towed nearly 70 kms by paying Rs 4000. I got a bill for the same. This was arranged by dealer itself.

 

3. as per there warranty if you sue road side service then they are not trained technicians so they may defend on particular issue

 

I want to sue FORD INDia for their defieciency of services and not respecting the warranty. They say clutch failure is a consumable item and hence cannot be payed. They are looking at Over use  or Over riding as a cause. I am asking for a detailed report, they are denying it.  The cause of failure may be Men, Machine, operating conditions, system Malfunctioning, Defective product. I asked for a detailed Field Failure report inclusing diagnostics and cause and effect daiagram for the whole clutch assembly.

 

4. if you intend to go legally then consullt a local lawyer who will help you to issue them a letter stating facts with a copy to company greivances cell with registered acknowledgement due and file in district consumer court

 

Yes Sir, I would like to agead and pursue this case. BUt can we put cheating case for providing the defective product and premature failure ie., @ 5700 kms and also consumer court for not respecting warranty. TRhe vehcicle is at garage since April 20, 2013.

 

 

Looking for your advice.

 

Regards

Vidhyadhara PN 


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