• Motorcycle unsafe

Purchased a new Motorcycle in April 2015 with a 2 year warranty. In about January 2016 on an extended trip, the bike started cutting out and restarting while riding. I thought it was dirty fuel, it stopped after that. I mentioned it at the next service, nothing was discovered. In January 2017 on another long trip, it started cutting out again. Realised that it only did this in extreme heat conditions. Took for a service after the trip and nothing was found to be wrong, and the bike rode fine. In September 2018 (no longer under warranty) first hot day and bike started cutting out again. Took it to dealer, they had it for two months, couldn't find any fault, they reset computer as a fix for the problem. Told me the bike was good and I should no longer have the issue. Took it out December 2018 on a long road trip cut out again while riding. Took the bike back to the dealer, and they have had it for 2 weeks, still can't pin point the fault . The bike is Very dangerous to ride, and it only cuts out when the ambient temperature reaches above 30°C. In other circumstances it is fine. Would like to know if this could be considered a major fault and it is dangerous to ride, especially when it cuts out on turns. Unfortunately I no longer trust the bike don't think it is safe to ride. I can't even sell the bike, as I cannot sell the bike to somebody knowing that it is unsafe in certain conditions. ,
Asked 7 years ago in Civil Law

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10 Answers

1. I am sure you have papers to show that this ' cutting out' problem was attended by the manufacturer during the period of warranty/guarantee.

2. if that is so and if the servicing was done on multiple times for the same reason which has not be repaired even today then it is a good case of deficiency in service of the manufacturer.

3. In that event you can file a case before the consumer forum wherein you can seek bot damages and compensation for the manufacturing fault as well for the agonies and threat to life caused by the vehicle.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

It is risky to drive such a bike when it cuts out on turns 

 

2) issue legal notice to manufacturer to rectify the defect 

 

3) if manufacturer fails to do so file complaint before consumer forum seek orders to direct manufacturer to replace the bike or refund your money 

 

4) also seek litigation costs and compensation for mental torture undergone by you 

Ajay Sethi
Advocate, Mumbai
99826 Answers
8148 Consultations

Sir if service centre is enable to find the fault after giving time again on service it is better to write to the company itself that is to service department of manufacturer to look into the issue and they can with the help of there Research and development team along with service technician of company can find default.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can go to consumer court for refund of the same along with compensation. First send a legal notice to them

Prashant Nayak
Advocate, Mumbai
34549 Answers
249 Consultations

Yes, file immediately a complaint before the Consumer Forum for the relief stating all the things what you have mentioned.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

Issue a legal notice through an advocate and file complaint before consumer forum under deficiency of service and claim compensation. 

Mohammed Mujeeb
Advocate, Hyderabad
19328 Answers
32 Consultations

Dear Sir,

If warranty period completed it is very hard to claim compensation from the dealer.  However to know their stand you may get issue a legal notice and fix responsibility on the dealer and manufacturer for selling faulty vehicles which do not sustain for long runs thus they cannot stink their responsibility in payment of compensation.  Be aware that you may also file complaint with consumer forum and manufacturer  and dealer always afraid of negative publicity and you can get compensation easily.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Have you appraised the dealer about your findings of the fault of bike and sought to inspect and test the vehicle from that angle?

Given the bike has crossed the warranty period as well, you cannot drag the company to the consumer forum too.

You may contact the company directly and appraise them about the problems you had been facing from the beginning and request them to direct the expert mechanic or technician to have a look at it and detect the actual problem and rectify the same.

Let the company answer your problems.

 

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

Why don`t you file consumer complain against company and dealer for refund of amount for selling defective piece.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

1. You shall have to file a consumer case before the local District Consumer Dispute Redressal Forum against the manufacturer and the dealer alleging deficiency in service and unfair business practice demanding refund of the entire consideration you had paid for buying the bike with interest, damage and cost.

 

2. Your stand should be that you had brought to the notice of the Company the fact of the manufacturing defect which they have not rectified even after several attempts and also the the Company has sold you a defective bike.

 

3. Engage a local lawyer having expertise in dealing with consumer cases.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

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