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Sùmãn Patra   16 February 2018

Consumer Protection

Sir,

With utmost sadness and disgust I Suman Patra on behalf of my father Mr.Nityananda Patra wants to state that I was cheated and now I regret why I bought a Yamaha Product. I bought   Fzsfi v2.0 on 26th June and suddenly after a period of time the bike stopped in the middle of the road(19TH JULY) . My father called the Dealership Shreya Automobiles (Bankura,West Bengal) and they sent some guys and said battery was down and suggested my father to drive the bike regularly for around 10-12 kms, though it sounded funny. Now after buying a bike of Rs 1,02,000 I have to drive the bike for 10kms regularly wasting petrol. On the 2nd time the same problem recurred in the middle of a highway and being a 50yr aged my father had to push the bike and bring it back to the dealership, same remedy was told. On the 3RD time the story was a little bit different, though same problem they kept the bike for 2days and said the Plug was getting loose due to jerking and rest assured us the problem will not happen again. They tested the bike for 2,000 kms which was reduced and written in my service record book. As I myself didn't cover that kms. Again on the 4TH time the same problem and it was on 16TH October and I called your customer care helpline and they took a complaint (IC-33155-S3H6) and assured me that we will take strict action from our side if the problem occurs again. The most disheartening reply from your side was your Technical Advisor gave me a call and said is everything fine, I said yeah the Dealer changed the Battery and also the Battery Regulator and even they said the same problem would occur again as the time period of recurring the same problem is of 15 days from the date it is solved. Now, your Technical Advisor said I had a talk and I cannot come at this point of time due to festive season Diwali. From my side when I called your customer care helpline they said in a harsh manner that Please don’t call us again and again and we are keeping your problem under observation period and assured me that the same problem would not occur again. Finally the complaint closure mail IYM:0001647 came to me on 23rd October that necessary actions have been taken to meet your concerns. Now, after completing the second service on the 1st week of this month the same problem occurred as of 22ND November and finally I decided that I won’t be handing over my bike to the dealership service guys as according to my point of view they are simply unskilled and they have been given 4 chances. I want a new Bike of same model as I won’t be keeping a defective piece or whatsoever.

Did Yamaha failed to provide me satisfactory service?

Did the company cheat me?

Is the company not liable to replace the defective model and provide me with a new one?

These questions came to my mind and I finally took a step forward to take the issue to Consumer Forum.

 Now, on my part I kept Yamaha informed but they failed to resolve my problem, now I am taking this issue to Consumer Forum for proper solution. I have been cheated and I will never suggest any people to buy a Yamaha product. Kindly, follow-up with me regarding the same issue as I am taking this issue to Higher Authorities and I have brought this Issue to your notice. I will solve all the disputes there only and take strict action against the dealer Shreya Automobiles and Yamaha . Being a law student I know  my rights and how to protect those. I am attaching a supporting proof of purchase document.


Update- As of 24th they are changing the wiring of the bike. I am sure it is a defective Model that they sold to me. My father has to deal with such mental agony and harassment because of this negligence he has to cancel all his important work and if there is emergency any time and if the bike don't start who will take the responsibility?


Finally on 27th I was handed over the bike. Even the dealer gave no assurance that the problem won't repeat again on the ground that it's an electronic product. The bike is sold in the market as a Fuel Injected model. Now, I think my father will have to push the bike each and every time it stops. Even if there is any emergency and the bike stops who will be responsible for that? If the company thinks it won't happen again for the 5th time give me in writing.




As of 26th after handing over the bike on 24th November the same problem occurred and the bike stopped again. I had to put the bike on double stand and in 3rd gear the rear tyre was rotated to start the bike. I want a satisfactory and stern action to be taken and in the meantime I am finally approaching Consumer Forum.


On 5th January I had a conversation with one of the representative of Yamaha motors saying that the problem won't repeat again and as of January 20th the same problem recurred for the 6th time.The representative over the phone assured me that the problem won't repeat again and stern action will be taken by Yamaha against the Dealer Shreya Automobiles.


The recent complaint number- IC-35523-L4V2.

The company closed the case saying that my father signed on the satisfactory note which is farce as my father said that the problem has not been resolved permanently. The dealership came and changed the battery of the bike saying that there is no further future assurance that the problem won't repeat again.


 Finally I think I have given the maximum chance to Yamaha for solving my problem which they failed at their end. I am approaching Consumer Forum for final solution.

Thanking you,

Suman Patra


 24 Replies

R.K Nanda (Advocate)     16 February 2018

file complaint in CF against said company and claim refund of your amount with interest and damages.

R.K Nanda (Advocate)     16 February 2018

return the faulty bike on getting ur money back.

Sùmãn Patra   16 February 2018

Can I take the defence of manufacturing defect. Latent defect

(Guest)
Originally posted by : Sùmãn Patra
Can I take the defence of manufacturing defect. Latent defect

You say you are Law student. Which college are you studying in? it seems to be a third class affiliated college of some university. 
You are asking solution.  Here it is. You already approached court.  But I feel you approached very late. You brought vehicle in June 2017.  This is already February 2018.  Till now why were you doing conversation with call center? You should have intimated company/company showroom via RPAD.  Waited for them to respond for 1 month, then filed a consumer complaint in consumer forum along with the bills.  What will be your stand when opposite party asks why did you not return the vehicle once you found the fault?  You should have returned the vehicle, given a letter in writing and then asked a reply in writing for not solving the problem or take the vehicle back.  Anyway you have fair chance to succeed in your complaint.  Make sure you have all the papers, complaints, call recordings in original format.

 


(Guest)
Originally posted by : Sùmãn Patra
Can I take the defence of manufacturing defect. Latent defect

You say you are Law student. Which college are you studying in? it seems to be a third class affiliated college of some university. 
You are asking solution.  Here it is. You already approached court.  But I feel you approached very late. You brought vehicle in June 2017.  This is already February 2018.  Till now why were you doing conversation with call center? You should have intimated company/company showroom via RPAD.  Waited for them to respond for 1 month, then filed a consumer complaint in consumer forum along with the bills.  What will be your stand when opposite party asks why did you not return the vehicle once you found the fault?  You should have returned the vehicle, given a letter in writing and then asked a reply in writing for not solving the problem or take the vehicle back.  Anyway you have fair chance to succeed in your complaint.  Make sure you have all the papers, complaints, call recordings in original format.

 


(Guest)
Originally posted by : Sùmãn Patra
Can I take the defence of manufacturing defect. Latent defect

You say you are Law student. Which college are you studying in? it seems to be a third class affiliated college of some university. 
You are asking solution.  Here it is. You already approached court.  But I feel you approached very late. You brought vehicle in June 2017.  This is already February 2018.  Till now why were you doing conversation with call center? You should have intimated company/company showroom via RPAD.  Waited for them to respond for 1 month, then filed a consumer complaint in consumer forum along with the bills.  What will be your stand when opposite party asks why did you not return the vehicle once you found the fault?  You should have returned the vehicle, given a letter in writing and then asked a reply in writing for not solving the problem or take the vehicle back.  Anyway you have fair chance to succeed in your complaint.  Make sure you have all the papers, complaints, call recordings in original format.

 


(Guest)
Originally posted by : Sùmãn Patra
Can I take the defence of manufacturing defect. Latent defect

You say you are Law student. Which college are you studying in? it seems to be a third class affiliated college of some university. 
You are asking solution.  Here it is. You already approached court.  But I feel you approached very late. You brought vehicle in June 2017.  This is already February 2018.  Till now why were you doing conversation with call center? You should have intimated company/company showroom via RPAD.  Waited for them to respond for 1 month, then filed a consumer complaint in consumer forum along with the bills.  What will be your stand when opposite party asks why did you not return the vehicle once you found the fault?  You should have returned the vehicle, given a letter in writing and then asked a reply in writing for not solving the problem or take the vehicle back.  Anyway you have fair chance to succeed in your complaint.  Make sure you have all the papers, complaints, call recordings in original format.

 


(Guest)
Originally posted by : Sùmãn Patra
Can I take the defence of manufacturing defect. Latent defect

You say you are Law student. Which college are you studying in? it seems to be a third class affiliated college of some university. 
You are asking solution.  Here it is. You already approached court.  But I feel you approached very late. You brought vehicle in June 2017.  This is already February 2018.  Till now why were you doing conversation with call center? You should have intimated company/company showroom via RPAD.  Waited for them to respond for 1 month, then filed a consumer complaint in consumer forum along with the bills.  What will be your stand when opposite party asks why did you not return the vehicle once you found the fault?  You should have returned the vehicle, given a letter in writing and then asked a reply in writing for not solving the problem or take the vehicle back.  Anyway you have fair chance to succeed in your complaint.  Make sure you have all the papers, complaints, call recordings in original format.

 


(Guest)
Originally posted by : Sùmãn Patra
Can I take the defence of manufacturing defect. Latent defect

You say you are Law student. Which college are you studying in? it seems to be a third class affiliated college of some university. 
You are asking solution.  Here it is. You already approached court.  But I feel you approached very late. You brought vehicle in June 2017.  This is already February 2018.  Till now why were you doing conversation with call center? You should have intimated company/company showroom via RPAD.  Waited for them to respond for 1 month, then filed a consumer complaint in consumer forum along with the bills.  What will be your stand when opposite party asks why did you not return the vehicle once you found the fault?  You should have returned the vehicle, given a letter in writing and then asked a reply in writing for not solving the problem or take the vehicle back.  Anyway you have fair chance to succeed in your complaint.  Make sure you have all the papers, complaints, call recordings in original format.

 


(Guest)
Originally posted by : Sùmãn Patra
Can I take the defence of manufacturing defect. Latent defect

You say you are Law student. Which college are you studying in? it seems to be a third class affiliated college of some university. 
You are asking solution.  Here it is. You already approached court.  But I feel you approached very late. You brought vehicle in June 2017.  This is already February 2018.  Till now why were you doing conversation with call center? You should have intimated company/company showroom via RPAD.  Waited for them to respond for 1 month, then filed a consumer complaint in consumer forum along with the bills.  What will be your stand when opposite party asks why did you not return the vehicle once you found the fault?  You should have returned the vehicle, given a letter in writing and then asked a reply in writing for not solving the problem or take the vehicle back.  Anyway you have fair chance to succeed in your complaint.  Make sure you have all the papers, complaints, call recordings in original format.

 


(Guest)
Originally posted by : Sùmãn Patra
Can I take the defence of manufacturing defect. Latent defect

You say you are Law student. Which college are you studying in? it seems to be a third class affiliated college of some university. 
You are asking solution.  Here it is. You already approached court.  But I feel you approached very late. You brought vehicle in June 2017.  This is already February 2018.  Till now why were you doing conversation with call center? You should have intimated company/company showroom via RPAD.  Waited for them to respond for 1 month, then filed a consumer complaint in consumer forum along with the bills.  What will be your stand when opposite party asks why did you not return the vehicle once you found the fault?  You should have returned the vehicle, given a letter in writing and then asked a reply in writing for not solving the problem or take the vehicle back.  Anyway you have fair chance to succeed in your complaint.  Make sure you have all the papers, complaints, call recordings in original format.

 


(Guest)
Originally posted by : Sùmãn Patra
Can I take the defence of manufacturing defect. Latent defect

You say you are Law student. Which college are you studying in? it seems to be a third class affiliated college of some university. 
You are asking solution.  Here it is. You already approached court.  But I feel you approached very late. You brought vehicle in June 2017.  This is already February 2018.  Till now why were you doing conversation with call center? You should have intimated company/company showroom via RPAD.  Waited for them to respond for 1 month, then filed a consumer complaint in consumer forum along with the bills.  What will be your stand when opposite party asks why did you not return the vehicle once you found the fault?  You should have returned the vehicle, given a letter in writing and then asked a reply in writing for not solving the problem or take the vehicle back.  Anyway you have fair chance to succeed in your complaint.  Make sure you have all the papers, complaints, call recordings in original format.

 


(Guest)
Originally posted by : Sùmãn Patra
Can I take the defence of manufacturing defect. Latent defect

You say you are Law student. Which college are you studying in? it seems to be a third class affiliated college of some university. 
You are asking solution.  Here it is. You already approached court.  But I feel you approached very late. You brought vehicle in June 2017.  This is already February 2018.  Till now why were you doing conversation with call center? You should have intimated company/company showroom via RPAD.  Waited for them to respond for 1 month, then filed a consumer complaint in consumer forum along with the bills.  What will be your stand when opposite party asks why did you not return the vehicle once you found the fault?  You should have returned the vehicle, given a letter in writing and then asked a reply in writing for not solving the problem or take the vehicle back.  Anyway you have fair chance to succeed in your complaint.  Make sure you have all the papers, complaints, call recordings in original format.

 


(Guest)
Originally posted by : Sùmãn Patra
Can I take the defence of manufacturing defect. Latent defect

You say you are Law student. Which college are you studying in? it seems to be a third class affiliated college of some university. 
You are asking solution.  Here it is. You already approached court.  But I feel you approached very late. You brought vehicle in June 2017.  This is already February 2018.  Till now why were you doing conversation with call center? You should have intimated company/company showroom via RPAD.  Waited for them to respond for 1 month, then filed a consumer complaint in consumer forum along with the bills.  What will be your stand when opposite party asks why did you not return the vehicle once you found the fault?  You should have returned the vehicle, given a letter in writing and then asked a reply in writing for not solving the problem or take the vehicle back.  Anyway you have fair chance to succeed in your complaint.  Make sure you have all the papers, complaints, call recordings in original format.

 


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