T.S. Balasubramanian (Advisor) 24 March 2016

Warranty/insurance claim on motor vehicle

I bought Maruti Omni last year. It was under the recent flood and got serviced by Popular Vehicles and Services - an authorised agency of Maruti. I got the vehicle rolled out after the service with a reasonable insurance cover. But within 1 month, last week when I was on the road there was a sudden explosion and the vehicle stopped. I called the service agent and got the vehicle towed to the garage. Now he says there is a crack in the engine cylinder and has to be replaced at a cost of around Rs. 50,000. There is insurance, extended warranty for 3 more years for the vehicle. The insurance policy is sourced and serviced through Maruti Insurance Broking Pvt. Ltd. But the service agent says I have to bear the entire cost. He refuses to consider warranty or insurrance cover. I seek your advice please.

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ROHIT SHARMA (Legal Advisor ) 24 March 2016

1. File a complaint before the district consumer protection forum against the insurance company alleging wilfull defeciency in service and dishonoring the terms and conditions of the insurance policy and seek direction to be issued to the insurance company to reimburse the cost of repairs to your car and compensation for the mental agony that you have suffered and the cost of litigation.

2. Plead that your car was not devasted due to the natual hazard of flooding but due to substandard servicing done by the authorized Maruti garage.

3. But first serve a show cause legal notice throgh an advocate both to the authorized Maruti service station and the Maruti Insurance Broking Pvt. Ltd. citing therein that if they fail to attend to honor the terms and conditions of the insurance policy then to show casue why should you not file a complaint with the consumer protection forum.