1) during the warranty period manufacturer and dealer is required to repair the faulty bike free of cost
2) if it cannot be repaired then new bike has to be given by manufacturer
I buy a brand new bike and it turns out to be faulty then do I have the right to reject that vehicle
I wish to inquire about Consumer Rights when it comes to purchasing a new car or motorcycle, my question is if I buy a brand new bike and it turns out to be faulty then do I have the right to reject that vehicle The thing is I bought a new Royal Enfield bike yesterday it was faulty from 1st km I complained about it as soon as I got it out of the showroom(took the delivery) I contacted dealer immediately after getting issue but they told it is small issue Then I put my bike at my home , on next day morning I can't start that bike I call to dealer they visited near bike and told to me to take bike to showroom , I take bike to showroom by pushing 1.5km They check the vehicle complaint , finally bike started , after started bike I travel nearly 10km again I got same issue , I ask dealer to replace me bike Now I have one doubt , if they not replace bike , can I proceed legally? Please guide me about that issue
Asked 6 years ago in Civil Law
13 Answers
Seek immediately send a raise issue in written with the dealer and regional head of company and royal Enfield company on complaint if they if they fail to completely resolve the issue or change the vehicle file consumer complaint seeking direction of refund of complete amount or change vehicle along with damages for mental agony and litigation.
1. if they refuse to change/replace the bike, you certainly can file a consumer complaint claiming replacement and compensation for causing mental harassment, pain, agony, etc
2. in the mean-time send them (dealer) a mail stating complete facts with a copy to the higher authorities (company) so that you can prove that you gad intimated them timely,
3. also take a copy of the work order while depositing your bike to the service centre,
You need to write immediately to the company and lodge your complaint in writing with the dealer with complete details your email to the company if not replied by and no action has been taken by the dealer within this week then you have the option to go to the consumer forum and file your complaint as your bike is in warranty period after the sale upto motorcycle if there is major manufacturing defect then the company can replace the bike otherwise it is there is possibility to fixed the problem.
Yes you can send them a legal notice if they don't refund or replace the same you can file complaint at consumer forum.
1. It appears that the defect of not a smaller one and the bike may be faulty to large extent due to manufacturing defect or for any other similar reason.
2. In that even you have the right to demand replacement of the bike itself.
3. So place such demand to the manufacturer itself and it your demand is not fulfilled then file a case before the consume forum.
Dear Sir,
You have every right to proceed legally by issuing legal notice and then filing a case in consumer court but it will take some amount of time and also you will have to spend few thousands of rupees.
Better get issue a legal notice and in the meanwhile try to create evidence about the previous incidents of the non working of the bike .
Without fail, issue legal notice for refund, failure to which file FIR. You have been cheated by showroom by selling poor or may be recycle bike. Hand over the bike, take receipt and repair note.
Collect all the papers of your bike purchase and than go the service workshop and talk to them about the problem. If they advice you to change parts go ahead and do it. But don't forget to mention every detail in paper or memo of the service workshop. After repairing your bike contact your lawyer and file a case in the consumer court complaining about the defect and prove it with the repairing memos.
- The Consumer Rights Act gives you the right to ask for a full refund in the first 30 days after buying any product that proves to be faulty,
- Since just from 1st km , you have complained about it , then you have right to take refund or to replace legally.
- Better give your complaint in writting after mentioning that you have already lodged your complaint in the begining .- One copy should be send to the head office of the Royal Enfield Co.
- If, no response , then you should file your complaint to the Consumer Court.
- Court will order in your behalf and will also grant compensation for the mental and agony.
Good luck and dont forget to rating positively.
Dear Client,
You may file a case in the district consumer redressal forum for getting your bike repaired or replaced.
If the dealer refuse to replace the bike with a new one without any manufacturer fault then you should file a case with consumer forum for replacement of bike or refund of money along with compensation for harassment suffered.
Yes, you can ask the dealer to replace the bike if it is beyond repair despite replacing the parts which are defective.
You can drag the dealer and the company for selling the defective bike as well refusing to replace the same within the warranty period.
