Facing multiple issues with brand new bike within 2 months want refund
5 months ago
This is my first time using this site so I will keep things short and use key points
- bought TVS Raider from the showroom two months ago
- had to visit the showroom multiple times due to issues
day-0-> seat not fitted properly and wires near engine exposed(pics available),
week-1-> indicator wasn't working, few times for accessories(wasn't delivered),
month-1-> Bike service and seat cover given, but received with a cracked screen after service (fuel gauge glitches, video taken but they claim it as normal.)
week-5-> The bike was shown to claim the warranty
waited for 3 more weeks
Week-8 -> bike failed. (battery died. only electric start available), The next day got a call at noon claiming the bike was ready for delivery. found out it wasn't taken to the original showroom. so I asked to get it to the original showroom as I had questions about the bike. the bike was delivered 6 hours after"ready for delivery"(didn't accept the bike cause my question below weren't answered )
had a suspicion that the battery was swapped in service since the new bike failed so quickly, asked to show my original battery but they couldn't since they had replaced the battery in a different branch. thus no trust in TVS and hence wanted to return and refund the bike
complained to a few higher managers on call, and they asked to put mail. they replied every 3-4 days (dismissively without answering my question properly).
the customer care is pretty bad and they claim the refund is not within their policy. yet I can't find it on their website that 2-wheelers are non-refundable unlike Herobikes, herobikes mentioned it in their refund policy.
after 10 days of bike failure, pics of the battery were sent, however, pics were taken on a different bike. I feel that it isn't my battery.
I clearly don't want to deal with TVS after this.
also, they tried giving me the wrong tank cover twice. I still haven't delivered the proper tank cover.
also, when bike was first taken, odometer already had 50KM in. sadly i dont have a pic to prove it
Based on the description of the issues you have experienced with your TVS Raider, you have a valid case for seeking a refund or replacement. The repeated problems and the lack of satisfactory resolution from TVS indicate a breach of the implied warranty of merchantability, which guarantees that a product should be fit for its ordinary purpose and free from defects. If your bike is still under warranty, the manufacturer or dealer is generally responsible for addressing defects and issues covered by the warranty. While it's common for businesses to have a no-refund policy for certain products, such policies should be clearly communicated to the consumer before the purchase. If TVS has not clearly stated their non-refund policy for two-wheelers, you may have grounds to contest their refusal for a refund. In India, consumers are protected by the Consumer Protection Act, 2019, which provides for the rights of consumers and the redressal of their grievances. According to the Act, consumers have the right to seek a refund or replacement for a defective product. Given the recurring issues you have faced with the TVS Raider bike, you may be entitled to a refund under the provisions of the Consumer Protection Act.
When you bought a product from the Company's authorized Dealer/Seller you must have got a GST Bill from them. So, on detection of defects in the product post-purchase and in course of warranty period, it is defined as "Product Liability" under Sec.2(34) of the Consumer Protection Act, 2019 and "Product Liability Action" as defined u/s,2(35) of the Act which means the responsibility of a product manufacturer or product seller, to compensate for any harm caused to the consumer by such defective product manufactured or sold for a deficiency in services relating thereto. So, as a Consumer, you can file a complaint u/s.35 of CPA, 2019 against the Manufacturer and authorized Dealer/Seller on the basis of GST Bill for deficiency in service and unfair trade practice before the Dist. Consumer Commission claiming refund of the entire value/cost of the defective product or replacement of defective product with new one along with compensation for harassment and cost of litigation. The complaint needs to be filed before the Dist. Consumer Commission within TWO YEARS from the date of cause of action, i.e, the denial of the Company to meet your claim. Reach out to an Advocate for guidance and steps.
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