Legal Question in Consumer Law in India

misbehave

I purchased a high performancebike from yamaha motors with price tag of 1 lakh 3 thousand.When I was servicing my bike 2st time in yamaha pro service station.I Asked some questions from service guy again n again about my bike but service guy misbehaved me and said sit outside I give your bike after service in loud voice. Due to this I Called manager and told us for misbehave.Manager got assured me 4 good after sale service and warned service guy for misbehave. After second service I got sometimes engine warning light blink in sensor light and a low noise zeen zeen from engine and this noise is contionious.Milage dropped.Due to this noise I visited service station 3 times but service station and maneger of service station failed to remove this noise .Now at this stage service station and service guys fooled me that this noise is normal .Before 2nd service my top speed was 141 at present stage byk,s top speed is 130 in same wind direction at same riding condition Now I am definate that due to mischief in engine through service guy my bike engine giving trouble and continious zee zee noise. I want to take strict action on service guy and company.But I dont, know how?I want to replace my engine under warranty.Is this possible?


Asked on 12/04/08, 4:40 pm

5 Answers from Attorneys
Homi Maratha N.N. Maratha & Co.-Advocates

Re: misbehave

File complait in consumer court.

Read more
Answered on 12/17/08, 6:47 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: misbehave

there is no traffic rule in India permitting driving at 130 at any road.

you may file a complaint with the consumer court seeking damages and change of your bike.

you need to be more careful about your own behaviour. pl do not forget that you have invited trouble for yourself by your own bad behaviour.

Read more
Answered on 12/04/08, 8:41 pm
Mahesh Gupta Medico-legal Advocates and Consultants

Re: misbehave

You have said--I am definate that due to mischief in engine through service guy my bike engine giving trouble and continious zee zee noise.

You may be right, but the court will need proof that--

A.There is a defect;

B. It has been caused by the service station people.

If you can get such proof (maybe written opinion of an auto-engineer), only then will you succeed in the court.

Of course, you can file a complaint and request the court to appoint an expert examiner, whose fees will be payable by you.

Verbal misbehaviour by garage staff will be an unhelpful ground to you.

M C Gupta

MD, LL.M.

Advocate

Read more
Answered on 12/05/08, 4:52 am
Nasir Butt Nasir Law Associates

Re: misbehave

You may either go to Consumer Court or Civil Court, for enforcement of warranty and damages.

You may also get appointed expert to report court about the defect in your bike.

So far as oral misbehaviour is concerned, hardly it can be proved, therefore, don't think about it rather enforcement of warranty.

Read more
Answered on 12/05/08, 6:51 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: misbehave

file complaint with consumer court.

Read more
Answered on 12/05/08, 7:38 am


Related Questions & Answers

More Consumer Law questions and answers in India