[Resolved]  Honda/ Honda Activa — Warranty not honoured

Address:

Mysore, Karnataka

dear sir,
I have purchased Honda Activa from a dealer name M/s Heritage Honda 29.10.2010. while delivery of the scooter, the warranty for engine is two years and extended warranty for 3year by payment of extra amount(Rs.600).
on 18.01.2011 (with in 58 days) the vehicle engine oil seal has failed causes oil leaked from the engine and the rear tyre fully wetted with engine oil cause loss of road grips and posed a skidding hazard while riding the vehicle by wife.
The same day, we have left the vehicle for service and the dealer has charged Rs.19 for the replacement of defective parts name "oil seal" with a receipt invoice no 10IW10558.
my questions is
1) When the vehicle engine is under warranty and in short time the vehicle developed its parts failure causes hazardous condition. The part oil seal' is a part of assemble engine. How the dealer can charge the amount for the replacement?
2) As per the factories Act 1948, in which under the section 7B.

""General duties of manufacturers, etc. as regards articles and substances for use in factories
(1) Every person who designs, manufactures, imports or supplies any article for use in any factory shall -

ensure, so far as is reasonably practicable, that the article is so designed and constructed as to be safe and without risks to the health of the workers when properly used;
carry out or arrange for the carrying out of such tests and examination as may be considered necessary for the effective implementation of the provisions of clause (a);
take such steps as may be necessary to ensure that adequate information will be available -
in connection with the use of the article in any factory;
about the use for which it is designed and tested; and
about any conditions necessary to ensure that the article, when put to such use, will be safe, and without risks to the health of workers:
Provided that where an article is designed or manufactured outside India, it shall be obligatory on the part of the importer to see -

that the article conforms to the same standards if such article is manufactured in India, or
if the standards adopted in the country outside for the manufacture of such article is above the standards adopted in India, that the article conforms to such standards.
(8) Every person, who undertakes to design or manufacture any article for use in any factory, may carry out or arrange for the carrying out of necessary research with a view to the discovery and, so far as is reasonably, practicable, the elimination or minimisation of any risks to the health or safety of the workers to which the design or article may give rise.

(3) Nothing contained in sub-sections (1) and (2) shall be construed to require a person to repeat the testing, examination or research which has been carried out otherwise than by him or at his instance in so far as it is reasonable for him to rely on the results thereof for the purposes of the said sub-sections.

(4) Any duty imposed on any person by sub-sections (1) and (2) shall extend only to things done in the course of business carried on by him and to matters within his control.

(5) Where a person designs, manufactures, imports or supplies an article on the basis of a written undertaking by the user of such article to take the steps specified in such undertaking to ensure, so far as is reasonably practicable, that the article will be safe and without risks to the health of the workers when properly used, the undertaking shall have the effect of relieving the person designing, manufacturing, importing or supplying the article from the duty imposed by clause (a) of sub-section (1) to such extent as is reasonably having regard to the terms of the undertaking.

(6) For the purposes of this section, an article is not to be regarded as properly used if it is used without regard to any information or advice relating to its use which has been made available by the person who has designed, manufactured, imported or supplied the article. ""

As per the above act reference, the manufacturer has the responsibility for the failure of their product tends to Hazardous condition to the user. Hence, the manufacturer shall hold the responsibility and also they are liable to bear the losses to me due to transportations’, payment, loss of my time and mental agony causes stresses.
The manufacturer shall bear the cost compensation for the disrespect of warranty, transportation and mental agony.
M.DOMESA
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Address,
127, 2nd main, A1 blok, Vijyanagar 3rd stage, Mysore. Karnataka.570017