Respected Sir, I bought a Motorcycle from reputed brand for ~2.25 lakhs. Within a week of purchase I noticed some problems with the Bike. I went to service centre they said it's normal, when I contacted the customer helpline they instructed the Service centre to look into the issue. While correcting the problems more and more faults became evident, like the engine used to make some abnormal noises, disc was jam, rear disc was fitted loose. When I raised the concern they told me they will repair the engine, I denied the suggestion as I did not want a bike with it's engine tampered within 2 weeks of purchase, and I demanded a replacement or full refund. After a month & half of negotiations they agreed on replacing the engine, & I let them do it to avoid more time getting wasted. When they installed the engine it made the same weird sound, I immediately shot a video & mailed to company. The service personnel said it will get normal after first service, I decided to give them a fair chance. They deceived me, the sound did not go, in fact it became more evident after the service & it was revealed that the engine they provided me was a used one! As there were no metal shavings in the drained oil, which are there due to the breaking in period of the engine & fiction inside. When I complained about this a senior engineer came & checked, he asked to let me repair it & I denied again for the same reason. But he tricked me, he said he will wash the oil filter & the sound will vanish, and while doing it he added 500 ml more oil in the engine which was already having enough oil, hoping that the oil will cover the noise. When I asked him about this he said, don't worry it will be fine! But due to over filling it, the engine started leaking. Now I made a firm objection on these kind of practices & demanded a replacement or a full refund along with reimbursement of all expenses caused during this 100 days long dispute. Company sent another engineer, he apologised for what happened & said there is no option but to repair the engine, as replacement or refund is not there in company's policy! I did not agree. And told them that I will sue them in consumer court with all the communication records & the bike itself as evidence. Because they deceived me from the very beginning as it was my due right to have faultless bike when I pay them full amount beforehand. Respected sir, kindly advice me how should I draft my case, which charges & articles of law I can sue them with, what will be a moderate amount I should sue them with. Thank you.
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You should file complaint before consumer forum seek refund of money paid by you with interest , litigation costs and compensation for mental torture undergone by you
2) engage a local lawyer to draft complaint
3) you can claim compensation of one lakh rupees
Respected Sir, Thank you very much for the valuable guidance. As I live in a rural area the local lawyer is not as competitive as a professional the company will hire. That's why I opted this website for a professional advice which I can pass on to my lawyer. As mentioned in the question kindly let me know, 1. According to the scenario mentioned what chance do I stand to be awarded justice in this matter? 2. Any rough guideline as to how to draft the case to make it less vulnerable to get delayed in verdict. 3. What charges & articles should I sue them with? 4. As they added 500ml more oil in the engine against the guidelines which made the engine leak, can I take it as 'posing a threat to my life'? 5. Should I only mention refund or add a replacement option as well? Kindly advice, Thank you.
1) you have good chance of success
2)in complaint state detailed facts of your case , reliefs claimed by you
3) since defective bike is supplied by you then you can see replacement of bike
4) in alternative refund with interest , litigation costs , compensation for mental torture undergone by you
1. You have a sound case against the manufacturer as this is extreme deficiency in service.
2. Engage a lawyer to sue the company in consumer forum for replacement or refund with compensation. If you are from a rural area then engage a lawyer from the nearest district court. You have the right to recover from the company the amount spent by you on availing the legal course i.e fee of your lawyer.
Respected sir, kindly advice me how should I draft my case, which charges & articles of law I can sue them with, what will be a moderate amount I should sue them with.
You can very well sue the motor company for their attitude and not fulfilling their guarantee conditions.
You can seek replacement of new bike or return of your money with interest.
You can claim compensation for the mental agony you suffered
You can estimate the compensation at Rs. 10 lakhs too
You can claim the litigation cost too.
1. According to the scenario mentioned what chance do I stand to be awarded justice in this matter?
You secure all the evidences in your favor and file it with strong pleadings, you have a fair chance to get the cost of bike returned or new replacement.
2. Any rough guideline as to how to draft the case to make it less vulnerable to get delayed in verdict.
The drafting of the complaint will be done by your advocate according to your instructions, hence you may give him proper instructions.
3. What charges & articles should I sue them with?
As per the provisions of consumer protection act
4. As they added 500ml more oil in the engine against the guidelines which made the engine leak, can I take it as 'posing a threat to my life'?
You may add it in the pleadings
5. Should I only mention refund or add a replacement option as well?
You can mention both the reliefs as alternates.
Respected Sir, The lawyer I hired for the case at consumer forum is asking for money exorbitantly. He charged 2000Rs for notice, then 2700Rs for filing case in consumer forum, and now even before the first hearing he asked 10000Rs in advance, which he somehow calculated as half of 2% of 2lacs! I agreed to pay 2% if we win the case. And to be clear I am the one who's doing all the work related with the case, he didn't even study it properly. Respected sir, I am afraid that he will not be faithful with the case and hence I want to discharge him off my case and proceed with the case myself as applicant. Kindly advise me in detail to the procedure to remove the lawyer from the case. Thank you. Regards.
1)send letter to advocate by Regd post AD that you dont want to continue with his services
2) on next date of hearing show proof of receipt of letter to the court
3)court will permit you to appear and argue the case
If you are not happy with your lawyer and are unwilling to pay his fee, then you may change the lawyer.
You may inform him that you are not willing to continue the case through him and my ask him to endorse NOC , if he does not do this, then you may inform the court on the next date of hearing that you are disengaging the services of this advocate.
The court will permit you to go ahead to either appear as party in person or to engage a different advocate.
But please remember that it is wrong to say that you will give 2% fee after winning the case.
This is agaisnt the ethics.