• Driver of car dealer made an accident while taking my car for service

Dear Professionals,
Based on my request, a Car Dealer (MNC) send a driver to pick my vehicle for regular service. I have signed the papers and given the car to driver. While he took my car an accident happened a person died on the spot. A case was filed on on Sec 279 and 304A. The service manager has promised me that the company will take care of every thing including legal and expenses to repair the car. He have spoken with me and my father politely and asked us to handover the RC and Insurance, we have given him without any question. He used this to take the vehicle out of the station. After that he stopped attending my calls. Very next day he called me and asked me to pay the expenses for the damages. He argued that I have signed in the document where in mentioned that "I hereby handover the vehicle to carryout necessary repairs to your driver. I take entire risk of any eventuality while driving the vehicle From and To my premises" After much verbal debate I have called the call centre and the very moment he became angry and a new CRM spoke with me in a trembling noise and he said that he will clear all the issues and asked me to get the complain back. The service manager was angry with me and he said that the company can't do anything to you we are the decision makers and he also said that since it is a rare issue the management has decided to take care of the expenses. After that I have withdraw the complaints since the 
They keep on changing the promises with regards to the delivery. I have waited for 3 months for the delivery and after 100 days they said that the car is ready for delivery. I went and checked the car, where I am not able to shift the gears. 
First he said that he will clear
After a week he asked me to drive for 1000 kms after that the issue will be cleared
After few days he said that the cars clutch is half condition
Now he is asking me to pay Rs 30000 for changing the clutch assembly

He argued with me that the car has crossed 150000 kms and the issue is because of that only. 

What we have to do sir? Did i owe anything to the company? 

Regards
Asked 4 years ago in Civil Law

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

9 Answers

Hello

Lodge an FIR immediately without any further delay against the company the officials whi have harassed you. Then file a complaint in the district consumer protection forum in your district. Find out abour the case which was lodged against you and your vehicle in the accident and engage a lawyer for this.

Regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

1) If accident has been caused due to negligence of car driver of dealer the repairs of car have to be borne by the dealer and manufacturer

2) if they fail to repair the car you can file complaint against company a before consumer forum seek orders to direct dealer and manufacturer to repair the car

3) also seek litigation coat and compensation for mental torture undergone by you

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

1. Mere signing the form containing such fine prints which unfavorably suits them can not absolve the responsibility of the dealer from compensating you for the damages done by their driver.

2. So the version of the dealer is without any basis.

3. DO not run after them anymore as they are cheat and is not going to pay you so easily.

4. So without chasing anymore file a case before the consumer forum wherein you can claim damages compensation and free repairing of the car.

5. In the consumer forum you will get enough compensation to recover all your costs including damages.

Good luck.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

You can issue a legal notice through lawyer and file a complaint in district consumer forum against company and claim compensation.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

1. You owed nothing to the company but this is India where customers are taken for a ride.

2. The driver is liable for criminal prosecution under Section 279 and 304A, but the civil liability rests on you. The heirs of the deceased can sue you for compensation by filing a claim petition in the Motor Accidents Claim Tribunal. If there is a comprehensive third party insurance then the liability would fasten to the insurance company to the extent mentioned in the insurance policy.

3. I hope you have taken back the RC and Insurance from the company.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Please file two cases immediately one a F IR against the dealer for mis-using your car in which it is his duty to prove that where and at what time he or his person was carrying the vehicle and another one before consumer court for deficiency in service.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

I need to file a consumer court case in the consumer forum of your district making the party to the service centre and the company the battle was taken by service centre and even after taking the signature of the vehicle owner they cannot escape from the liability individual promises have nothing to do except you have anything in writing so let the case be decided by the court

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Sir first of all check that you get your insurance and RC back and your are having a third party insurance as the deceased's family can file a Motor accident claim against you for damages.

Secondly issue a legal notice to the company for damages and deficiency of services and ask them to repair the part at companies cost.

if they fail file a consumer complaint.

But see here the company can contest the claim as firstly you signed the Form secondly your car is old and driven so clutch is a technical part so if from accident there is no damage to it you have to bear own cost.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You can compile all the details chronologically, draft a proper complaint about the deficiency in service by the company and also about the different dilatory tactics adopted by the company to avoid undertaking the responsibility of getting it repaired or replaced, send the complaint to the top management of the company and not this dealer,seek compensation too besides repair, replacement of parts etc.

If no reply received then you may approach consumer forum for relief and remedy.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer