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Cheating Substandard quality of vehicle service delay and life threatening

Issues Encountered: 1. Delayed Return of Vehicle: My car was submitted for repair on 01.06.2024, with a promised return date of 25.06.2024. Despite this, I did not receive my vehicle until 27.07.2024, causing significant inconvenience. 2. Inadequate Communication and Transparency: Throughout the repair process, the service advisor failed to provide timely updates or detailed information about the damages and parts replaced. I had to repeatedly contact the service center to obtain status updates. 3. Unjustified Fuel Charges: On 13.07.2024, I was informed that the car required ₹1000 worth of petrol to complete the programming, despite the vehicle having sufficient fuel when it was submitted. This charge seems excessive and unjustified. As they mentioned car taken test run for 30 Kms and 15 mins idle run that is the car consumed 9.25 Ltr (1000 Rs petrol) for the same. I request clarification on whether such fuel charges are typically the customer's responsibility and if so you filled 9.25 ltr and when I received fuel gauge shows empty with blinking condition what mileage you got for my car at the time of test run and programming. 4. Issues with Insurance Claim Processing: The bill submitted to the insurance company was incorrect, causing delays. Despite assurance from the insurance company that the claim was approved and would be paid upon receipt of a corrected bill, the service center refused to release my vehicle. I was forced to pay the full amount via credit card to retrieve my car, which was both stressful and inconvenient. 5. Substandard Quality of Service: Upon receiving my vehicle, I noticed that the platform mat was detached and the mudguard was not replaced. As the parts which is visible were not replaced how the consumer believe or confirm wiring kit and other parts they where replaced which will cause potential fire risk . This raises concerns about the quality and completeness of the repairs, especially considering the billed amount of ₹1,07,820 and the two months taken for the repairs. 6. Delayed Bill Provision: Despite arriving at 11:40 AM on 29.07.2024 to collect the correct bill, I had to wait until 03:45 PM to receive it. This delay was unnecessary and inconvenient, especially after having paid the full amount on 27.07.2024 and requested the bill earlier that morning. Timeline and Actions: 1. 13.07.2024: The service advisor called and requested ₹1000 for fuel to complete the programming. 2. 15.07.2024: The service advisor confirmed that the work had been completed. 3. 18.07.2024: The service advisor called to inform me that the bill had been submitted to the insurance surveyor and promised to send the surveyor's contact number. 4. 19.07.2024: I did not receive the surveyor's contact number. I called the service advisor, who advised me to call the surveyor after Monday (22.07.2024). 5. 23.07.2024: I called the surveyor, requested cashless processing, and quick submission of the report. The surveyor submitted the report the next day. 6. 25.07.2024: I contacted Insurance customer care, obtained the branch head's mobile number, and called her. She provided the section number and the contact for the claim processor, an Assistant Manager, who advised me to call the next morning for processing completion. 7. 26.07.2024: I called the insurance processor, who reported an issue with the bill (incorrect GST type). I informed the garage to correct the bill. The service advisor sent the corrected bill in the afternoon, but it was still incorrect. The Assistant Manager(insurance processor) sent a liability email to the garage approving the claim amount, pending submission of the correct bill. 8. 26.07.2024 (continued): I requested the release of my vehicle from the service advisor, who refused. I then contacted the service manager, who needed to discuss the matter with the insurance head. I provided the insurance head's number for clarification. 9. 27.07.2024 (Saturday): I called the service manager, who delayed further action. I contacted the insurance head again, who facilitated a call with the Assistant Manager(insurance processor). The Assistant Manager (insurance processor) by giving her number advised me to contact the service manager again, despite it being a holiday she talk with service manager for releasing the vehicle. 10. 27.07.2024 (continued): The service manager still refused to release the vehicle despite assurances. I offered to provide a cheque and original RC as security, but this was denied. Eventually, I paid the full amount via credit card to retrieve the vehicle, requesting the correct bill for reimbursement on Monday morning. 11. 29.07.2024 : Despite arriving at 11:40 AM on 29.07.2024 to collect the correct bill, I had to wait until 03:45 PM to receive it. This delay was unnecessary and inconvenient, especially after having paid the full amount on 27.07.2024 and requested the bill earlier that morning. Request for Detailed Service Report: Given these issues, I request a detailed report of the services performed on my vehicle, including day-by-day service details and before-and-after photos of the parts replaced, from 01.06.2024 to 27.07.2024. Concerns Regarding Service Policy: Additionally, it appears that the delay and refusal to release my vehicle were influenced by the fact that I did not purchase insurance from service centre’s tie-up company. I would like to understand if this is an official policy, as it contradicts the principle that consumers have the right to choose their service provider. I encountered several issues during the service period, including delayed vehicle return, inadequate communication, unjustified charges, substandard service quality, and delays in insurance claim processing. Despite my concerns, I have yet to receive a detailed service report or a response addressing the service quality, behaviour, and attitude of the Service Manager and the service advisor. Additional Breakdown Incident: 08.08.2024 : on 08.08.2024 morning when I went for inevitable travel with family the car found breakdown condition due to dead battery the same informed to the service centre,they came and took the battery for recharging and later informed battery unable recharge and hence they replaced the battery and mudguard on the same day after my vehicle's breakdown, I am still awaiting a response regarding my concerns about the detached floor mat and the non-replacement of certain parts, such as the mudguard . These issues raise serious doubts about the integrity of the service performed and the parts billed for replacement, including critical components like the wiring kit, which could pose safety risks. 21.08.2024: On 21.08.2024, at approximately 1:30 AM, while returning from Ernakulam in rainy conditions, the wiper on my vehicle stopped working, leaving my family and me stranded on the road. Despite the water spray functioning normally, the wiper failed. I contacted the Service Advisor, but he disclaimed any responsibility since the vehicle was received more than two weeks ago, and I had registered a complaint against him. I argued that the problem occurred after the replacement of the wiring kit and that the wiper issue was related, but he refused to accept responsibility and advised me to take legal action if I had any complaints. I then contacted the Body Shop Manager who, due to the lack of a nearby service center and the late hour (01:30–02:00 AM), was unable to assist and advised me to drive the vehicle to home, promising to attend to the issue in the morning. Left with no other option, I drive approximately 100 km in heavy rain without a functioning wiper, putting the lives of four people at risk. At 01:30 PM, Body Shop Manager and the technician who attended to the previous breakdown on 08.08.2024 rectified the wiper problem and I found wiper wiring was old one and they cover the wiring with insulation tape . This is the second breakdown I have experienced due to electrical issues after the replacement of the wiring kit. Given the potential safety implications of any undisclosed service deficiencies, I urge them to provide the requested service documentation and photographs of the faulty parts before and after replacement. The lack of transparency in this matter is deeply concerning and contradicts the expected service standards of company. They neither provide clarification nor escalate this matter to higher level management for redressal till date. I have faced many difficulties and mental distress after having this neither dealer nor the manufacturer take any action in this matter till date. Considering these life threatening and unfair treatment I am not willing to use the car any more. Cost of Car Paid on Dec 2022 : 9,57,000 Service Cost Paid on Jul 2024 : 1,09,000 Total : 10,66000 Hence I am going to seek redressal from Consumer court. Kindly provide legal advice for the same.Please include 1. How much fees I need to pay for redressal ? 2. How much compensation I eligible for me ? Please provide detailed Legal advice

( Malappuram, Kerala )

6 months ago

Reply

Dear client<

Based on your detailed account, here's a structured response regarding your issues with the service center and the potential path for seeking redressal through a consumer court.

1. Summary of Issues
You have experienced multiple grievances related to your vehicle service at the dealership, including:

Delayed Return of Vehicle: Your car was submitted for repair on June 1, 2024, with a promised return date of June 25, 2024, but it was not returned until July 27, 2024. This delay caused significant inconvenience.

Inadequate Communication: The service advisor failed to provide timely updates or detailed information about repairs, necessitating frequent follow-ups from you.

Unjustified Fuel Charges: You were charged ₹1,000 for fuel supposedly consumed during a test run, despite your vehicle having sufficient fuel when submitted. This raises questions about the necessity and accuracy of this charge.

Issues with Insurance Claim Processing: The service center submitted an incorrect bill to your insurance company, leading to further delays in vehicle release. You had to pay out-of-pocket to retrieve your car, despite assurances from the insurance company regarding claim approval.

Substandard Quality of Service: Upon receiving your vehicle, you discovered that certain parts were not replaced, including the platform mat and mudguard, raising concerns about the overall repair quality and safety.

Delayed Bill Provision: You faced an unnecessary delay in receiving the correct bill, which added to your stress.

Additional Breakdown Incident: Following your vehicle’s release, you experienced another breakdown due to a dead battery. The service center replaced the battery and mudguard but did not address other concerns, including a faulty wiper and potential safety risks associated with the wiring kit.

2. Legal Grounds for Consumer Complaint
You can pursue a consumer complaint based on the following legal grounds:

Deficiency in Service: The service center's failure to deliver timely repairs and inadequate communication constitute a deficiency in service under the Consumer Protection Act, 2019.

Unfair Trade Practices: The unjustified fuel charge and incorrect billing can be categorized as unfair trade practices.

Safety Concerns: The substandard quality of service that raises safety risks (e.g., wiring issues) provides grounds for a serious complaint.

3. Steps to Take
Gather Evidence: Compile all relevant documentation, including service records, bills, communication with the service center, photographs of the vehicle, and any other evidence that supports your claims.

Draft a Complaint: Prepare a detailed complaint letter outlining your grievances, including all the incidents and supporting evidence. Clearly state the relief you seek (e.g., reimbursement, compensation for inconvenience, and safety concerns).

File a Consumer Complaint: Submit your complaint to the appropriate Consumer Disputes Redressal Forum (District Consumer Forum, State Consumer Commission, or National Consumer Commission, depending on the value of your claim).

4. Fees for Filing a Consumer Complaint
District Consumer Forum: The fee is generally minimal, often ranging from ₹100 to ₹500, depending on the claim amount. For claims exceeding ₹20 lakh, the fee can be higher, but it’s usually capped at a few thousand rupees.
5. Compensation Eligibility
Compensation Amount: The compensation you may claim can include:
Refund of the service costs (₹1,09,000).
Compensation for inconvenience and mental distress (this amount can vary widely; typically, consumers might claim between ₹50,000 to ₹2,00,000 depending on the severity of the issues faced).
Costs associated with any future repairs or safety measures.
6. Legal Advice
Consult a Lawyer: It’s advisable to consult with a lawyer specializing in consumer protection to help you draft the complaint and represent you in court if needed.

Keep Records: Maintain a copy of all communications and documents related to your case, as they will be critical during the legal proceedings.

Advocate Simi Paul

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Helpful

Dear Client,
From the prolonged content of your query, it appears you are extremely aggrieved with the service of the service provider and decided to move to the Consumer Court for relief. On detection of defects in the product post-purchase and during warranty, is termed and defined under Sec.2(34) of the Consumer Protection Act, 2019 as "Product Liability" 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 or for a deficiency in services relating thereto. So, in the given scenario, serving a strong legal notice to both Service Provider and the product manufacturer, you can file a complaint against them over alleged deficiency in service and unfair trade practices before the District Consumer Commission under Section 35 of the Consumer Protection Act, 2019 claiming replacement of the vehicle or refund of the cost of the vehicle including the expenses incurred towards repairing/servicing along with compensation for harassment and cost of litigation. The complaint should be filed within two years from the date of the cause of action. As per the Consumer Protection (Jurisdiction of the District Commission, the State Commission and the National Commission) Rules, 2021, the District Commission shall have pecuniary jurisdiction to entertain complaints where the value of the goods or services paid as consideration does not exceed Fifty Lakh rupees. The fees payable for making such complaints before the Dist. Commission, State Commission and National Commission are enlisted under Rules 7(2) of the Consumer Protection (Consumer Disputes Redressal Commissions) Amendment Rules, 2022. If required, hire the service of an Advocate practicing consumer complaints to navigate the issue in the right way. An aggrieved consumer can claim any amount of compensation for harassment and mental agony from the service provider, but such claims for compensation exclusively depend upon the discretion of the Commission.

S. K. Dutta

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Helpful

Dear Client,

In your case, seeking redressal through the Consumer Court is a valid approach, given the multiple issues, including delayed service, inadequate communication, unjustified charges, safety concerns, and mental distress due to the vehicle’s recurring problems. Below are steps and legal advice for filing a complaint in the consumer court, including fees, compensation eligibility, and additional suggestions.

1. Grounds for Consumer Complaint
Based on the issues you have described, you can file a consumer complaint under the following grounds:

Deficiency of Service: The delayed return, failure to provide adequate information, unjustified charges, and failure to perform repairs to a satisfactory standard.
Unfair Trade Practices: Refusal to release the vehicle due to issues with insurance, failure to provide a correct bill, and the poor quality of repairs despite charging a large amount.
Mental Harassment and Safety Risk: The distress caused by the recurring breakdowns, particularly the wiper issue that put your family’s safety at risk.
2. How to File a Consumer Complaint
Draft a Complaint: You need to draft a formal complaint describing all the issues you have faced, including:
Vehicle repair delay and inconvenience caused.
Lack of communication and transparency from the service center.
Unjustified fuel charges and incorrect billing.
Substandard service and the risk posed by inadequate repairs (wiring issues, mudguard, platform mat, etc.).
Mental distress caused by the breakdowns and the poor service quality.
Prepare Supporting Documents: Attach copies of all relevant documents, including:
Service center receipts and bills.
Photos of the car's condition (if available).
Communication records with the service center (messages, emails, call logs).
Insurance claim documents.
Any warranty papers, vehicle purchase documents, and other relevant records.
Submit the Complaint: You can submit the complaint online via the National Consumer Helpline (NCH) or approach the District Consumer Dispute Redressal Commission.
3. Filing Fees
The fees for filing a complaint in the District Consumer Dispute Redressal Commission are based on the value of the claim. Since the cost of the car and service is approximately ₹10,66,000,
The filing fees for this category are typically Rs.400-2000

4. Compensation You Can Seek
Compensation can be claimed for the following aspects:

Refund of Repair Costs: Since the repair services were inadequate, you can claim a refund of ₹1,09,000 paid for the service.
Compensation for Mental Harassment: For the inconvenience, stress, and risk posed to your family, you can seek compensation for mental distress. In such cases, consumer courts have awarded ₹1,00,000 - ₹5,00,000 depending on the severity of the harassment.
Loss of Use and Inconvenience: Given the delay in returning the vehicle and the subsequent breakdowns, you can claim compensation for the inconvenience caused, often around ₹1,00,000 - ₹2,00,000.
Legal Costs: You can also request reimbursement for the legal costs of pursuing the case.
Considering all the aspects of your case, you could seek compensation of ₹5,00,000 to ₹7,00,000 for the distress, inadequate service, and safety risks faced by your family.

5. Legal Steps to Take
Send a Legal Notice: Before filing a formal complaint, it’s advisable to send a legal notice to the service center, detailing the issues and demanding compensation for the deficient service, within a stipulated time (15-30 days). This can sometimes prompt the service center to resolve the matter without going to court.
File a Formal Complaint: If the service center does not respond or refuses to take responsibility, you can proceed with filing the complaint in the District Consumer Dispute Redressal Forum.
Engage a Lawyer: Though not mandatory, hiring a lawyer experienced in consumer cases can help in drafting the complaint, gathering evidence, and representing you in court.
6. Additional Points
Claim Safety Issues: Highlight the safety concerns caused by the wiring issues and incomplete repairs. Consumer courts take vehicle safety matters seriously, especially if they involve risk to life.
Continuous Service Deficiency: The repeated breakdowns (battery, wiper issues) after paying a significant amount for repairs can strengthen your case for a higher compensation amount.
Goodwill of Manufacturer: If the service center is authorized by the car manufacturer, mention the manufacturer’s liability for ensuring adequate service through their authorized dealers.

You have a strong case for claiming compensation due to deficient service, unjustified charges, and mental harassment caused by the service center. You could seek compensation of approximately ₹5,00,000 - ₹7,00,000 in addition to a refund of the ₹1,09,000 service cost.

Regards

Vidhikarya

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