Car replacement
Aanchal Arora
(Querist) 13 June 2017
This query is : Resolved
A person bought an eco sport in 2014 and till now maximum time the car was not with the consumer as it was for repairing. Soemtime back the company agreed to replace the car but the consumer is asked to pay the insurance and other charges again.
my query is should we accept the car and move to consumer forum for the refund of the insurance amount after replacing the car or we should not agree to take the car if we have to pay the charges again.
Guest
(Expert) 13 June 2017
In principle, insurance is the liability of the registered owner, not of the manufacturer.
But, you have not mentioned, the car remained with whom for the last 3 years since 2014 and on what basis you feel that the insurance should be paid by the company.
Aanchal Arora
(Querist) 13 June 2017
In the last 3 yrs for around 250 days the car was lying with the company for repairing, and still its lying with the company. Since the buyer had paid for the insurance, extended warranty for his car when he bought in 2014 and maximum time the car was with the company. My query is if the company is ready for replacing the old car with a new one, but the buyer objects on paying for insurance, extended warranty for the second time, does he have any case.
Guest
(Expert) 13 June 2017
No case.
There is a vast difference between 250 days and 3 years (3x365 days). Justification does not seem to be ok. You may or may not get replacement of car, but liability of insurance would still remain on you.
Dr J C Vashista
(Expert) 13 June 2017
Whether the insurance is involved in manufacturing defect found by you?
Are you renewing the insurance policy annually?
Why did you not move to consumer fora during elapsed period of about 3 years for supply of defective car?
Kumar Doab
(Expert) 13 June 2017
Let the manufacturer accept faults and agree to replace the car in writing first.
Has company stated so in writing!
Aanchal Arora
(Querist) 14 June 2017
The manufacturer is ready to replace the car but has not given anything in writing as of now.
The said person did not take any action when he came to know about the defects.
What is the best remedy in the present scenario?
How should we legally proceed now, so that we have a strong case?
Aanchal Arora
(Querist) 14 June 2017
The manufacturer is ready to replace the car but has not given anything in writing as of now.
The said person did not take any action when he came to know about the defects.
What is the best remedy in the present scenario?
How should we legally proceed now, so that we have a strong case?
Dr J C Vashista
(Expert) 14 June 2017
If you are reluctant to answer my questions consult a local prudent lawyer for proper appreciation of facts, guidance and proceeding.
Guest
(Expert) 14 June 2017
Dr. Vashista ji,
We cannot expect replies to our questions, if asked on academic queries of the author as hypothetical academic cases do not have any background or case history.
Moreover, her problem related only on the insurance issue, but she preferred to reply an unrelated and evasive question on replacement of car, as put by Doab and has conveniently tried to ignore your questions. Had her problem been real, she would have preferred to readily answer your questions.
Now let us see, what Kumar Doab advises her on her clarification!
Aanchal Arora
(Querist) 14 June 2017
Apologise Dr J C Vashista and thank you for understanding my situation P.S.Dhingra.
I could not answer the above questions as put by Dr Vashista as I myself didnt know the answer. I am also an avocate and has been put this query by a friend of mine. I dont have much experience into this area, in order to clarify my doubts I have put my query.
Guest
(Expert) 14 June 2017
Ms Anchal,
I appreciate your frank admission of your unawareness about the background of the case.
There is no hitch to help the members of legal community, but if someone asked you, you were required to ask case history and only then would have asked the question along with your appropriate introduction, if not aware of the solution.
Although I judged your query to be of academic type without any believable background, when you mentioned that the car was not with the consumer for most of the time ever since 204. Even then I responded to your query with factual position about insurance to be got made by whom.
Secondly, when you stated that the car remained in the custody of the company for 250 days, I had to raise my doubt saying, "There is a vast difference between 250 days and 3 years (3x365 days). Justification does not seem to be ok."
Anyway, nothing in person.
Dr J C Vashista
(Expert) 14 June 2017
Ms. Anchal,
My questions qua your query were relevant and obvious for forming an opinion and advise, which were without knowing that you are new in the profession.
To take you out of such an embarrassing situation I would suggest (if not advise) for you to consider and proceed.
Since consumer limit has already been over (2 years) however, it may be taken from the last admission in workshop if it is with the same defect persisting since day one, i.e., date of purchase.
You (your client) have the option to get the vehicle exchanged, if offered so. It would be a very good idea. But it should be with hard bargain for the damages suffered by your client due to "non-usage" of defective vehicle.
Advise your client to claim the amount of insurance premium from manufacturer.
Best wishes.
Aanchal Arora
(Querist) 14 June 2017
Thanks for answering my question.
If the manufacturer is ready for replacement of car but not ready to pay the insurance and other miscellaneous amount and says that it has to be borne by my client.
My query is that should we take the replacement and pay the charges and fight for harassment in future?
My client says that fighting in the consumer forum might take 2 to 3 years. As a result he would be without car in this period.
Pls give your suggestions.
Rajendra K Goyal
(Expert) 18 June 2017
For replacement, company is likely to ask to sign full and final settlement after which such claim may not be maintainable.
Dr J C Vashista
(Expert) 19 June 2017
Let the consumer/client may take replacement straight away.
Followed by consumer as well as criminal complaint lodged against the manufacturer, show room and workshop through a local prudent lawyer.
The issue can also be highlighted through media as well as automobile association (if existed).
Aanchal Arora
(Querist) 19 June 2017
Thanks to all the experts who answered my query.
