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manu (advocate)     09 July 2010

helmet with two wheeler- is it proper?

friends,

pls share ur views on the latest judgment of the supreme court making it mandatory for two wheeler makers to sell the helmet.

is it not the restriction on free and open market?

is it not violative of right to make choice or select?

is it fair to compell a person to sell a product against his will?

is the judgment in accordance with the law of the land?

pls tell me which is the law governing this aspect? any specific legislation?



Learning

 10 Replies

Bhartiya No. 1 (Nationalist)     09 July 2010

Sir,

Latest judgment of the Hon. Supreme Court is proper and would have pronounced probably( I have not seen) keeping in view with all the points u have mentioned.

Suchitra. S (Advocate)     09 July 2010

I dont feel it proper for the reasons below :

1. What if the person is already having a helmet for the other two wheeler he is having?

2. Is it not going to restrict the manufacturer's profession and there by violates Art.19 ?

3.What about 'Motor vehicle Act which says, " a helmet for a vehicle" and not "one helmet for each vehicle"  ?

B.P. Bhardwaj (delhi)     09 July 2010

I also feels judgement of Hon'ble Supreme Court is not according to consumer's rights to purchase a helmet of his own choice. I also have purchased a scooter recently, I have already 2 helmets, one for rider and one for pillion. Forcebly I purchased with scooter another helmet as it is mandatory for getting registration, which is not fitted in my frame.

In my opinion Hon'ble Supreme Court may give liberty to consumer to purchase a new helmet of own choice and submit Bill with papers for registration or go with his old one.  

Best Regards

B.P. BHARDWAJ

Jatin Adhav (Law)     12 July 2010

The Hon'ble court should have given the option of choide to the consumers as if vendors are given a choide on Helmets they may indulge in giving subsidized quality of Materail in order to make profits, and the whole intention of this judgement would go vain, hence instead the Hon'ble Court should give specifications on the Helmets such as ISI marked helmets, and ask Automobile dealers to see reciepts of purchase of such helmets before handing over the Bikes to the consumers.

Jatin Adhav (Law)     12 July 2010

Pls read the word choide as = "Choice" in my comment above . that was a spelling error


(Guest)

t is the 27th year of my biking since I started at the age of 16-17.  I am very much disturbed while my head & vision having covered by the helmet.  It disturb in having a precaucious view at the sides whenever to move even alittle here or there if any other vehicle is coming across.  Helmet covers the view which we can have from the corners of eyes to "just see aside".  It also disturbs hearing sound arround.  Diring summer we are fed up too much.

 

The persons who are sitting in free AC of cost chambers and in free of cost AC cars with free of cost Driver  and they makes rule who are actually blind of the ground reallities JUST ONLY BECAUSE THEY GOT THE POWERS IN HANDS AND HAVING NOTHING TO DO SO TO SHOW THAT THEY ARE DOING SOMETING AND SO THEY PASSES SUCH ORDERS TO BE REMARKED.

 

I WANT TO THROW ALL THESE FOOLISH AWAY WITH THE HELMET.

Anil Agrawal (Retired)     12 July 2010

Please don't throw away what is below the helmet.


(Guest)

Helmet become a nightmare for me.  Bike was very comfortable & easy but I don't know who is dictatng me as to how should I move.  I want to kick on his back and I WILL DO IT WHOSOEVER IF I KNOW THAT PERSON/ PERSONS. 


(Guest)

For comfortable bike driving I never use the helmet here in Mumbai and for that I ever pay fine Rs.100/- which I treat like my contribution for nation.  The reciept works for the date.  I suggest if there will be provision of PAY & USE like PAY & PARK and the peoples like me may opt for a prepaid charge Rs.3000/- per month @ Rs.100/- equal to fine so that we will not be disturbed every day and our time will also not go waste everyday to stop before a traffic constable everyday.  


(Guest)

Looking to the approach of the persons in governance and administration like money oriented beggars I hope my suggestion will be welcomed by them.


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