• My motorcycle was mishandled and damaged by TVS service center

I gave my RR310 motorcycle for 3rd general servicing on the 21st of April 2023. On the same day after finishing the servicing and test ride, they called me for payment and I cleared it online. After an hour they call me again saying that the motorcycle met with an accident when went for a test ride. They accepted their mistake and promised to fix the bike and give it as good as new. It's been more than a month the bike is still in the service center. They say they don't have parts to fix and getting delayed. I have raised a complaint to customer care multiple times but no one has responded/tried to fix the issue.

Without my motorcycle am suffering a lot from commuting. And the TVS service center/customer care is irresponsible and doesn't care at all.

Can anyone suggest me how do i legally proceed to get this fixed.
Asked 1 year ago in Consumer Law

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8 Answers

File complaint against company before consumer forum and seek orders to direct company to give a new bike as they are unable to repair the bike 

 

also seek litigation costs and compensation for mental torture undergone by you 

Ajay Sethi
Advocate, Mumbai
96921 Answers
7820 Consultations

First issue a legal notice giving the full description about the events prior to the accident and post accident and your visits or calls to the service center, after that inf they do not respond to your notice, you can file a case before consumer redressal commission  for handing over the motor bike and for compensation for the mental agony as well mas for deficiency in service.

You can involve the company also in this complaint because they are vicariously liable since this is authorised service center of the company.

 

T Kalaiselvan
Advocate, Vellore
87120 Answers
2338 Consultations

You can send them legal notice and then approach consumer court for compensation if required 

Prashant Nayak
Advocate, Mumbai
32479 Answers
200 Consultations

You can file a consumer complaint with the Consumer District Forum for deficiency of services on the part of the service center and claim compensation along with your motorcycle.

Priyanka Singla
Advocate, Ludhiana
12 Answers

It is deficiency in service to consumer. Get issued a legal notice to service centre and also to company and thereafter file consumer complaint claiming damages etcbin district consumer commission. 

Siddharth Srivastava
Advocate, Delhi
1346 Answers

Engage a competent lawyer and agitate the issue before the consumer forum seeking damages.

Swaminathan Neelakantan
Advocate, Coimbatore
2910 Answers
20 Consultations

Dear Sir,

Kindly go forward and file a miscallenous case against the insurance Co claiming third party insurance against the Co. And in the meanwhile go forward and file a Consumer Complaint alleging deficiency in service under the Consumer Protection Act, 2019. For further queries contact me- [deleted]. 

Sanmathi S. Rao
Advocate, Bengaluru
46 Answers

- You can send a legal notice to the said service center for repairing the motorcycle and to give compensation 

- If no response, then file a compliant before the consumer forum against him. 

- Further, as he got accident , and carry the motorcycle without your consent , then you can also lodge a compliant before the police as well.  

Mohammed Shahzad
Advocate, Delhi
14505 Answers
221 Consultations

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