Tvs Motor Company — Compliant/Legal Notice in respect of deficiency in your service

Address:

Ajit S. Zankar Advocate, Bombay High Court R/at. R.no.4, Shree Mahalaxmi Darshan CHS, Telcos Wadi, Dr, Nemade Galli, Old Dombivali road, Dombivali (w)

To,
1. The General Manager,
2. The Regional Manager
3. Product Manager
4. CEO, TVS Motors
5. The Owner of Supreme TVS Motors


1. I am Ajit Suryakant Zankar residing at mentioned below address. I have purchased a new TVS Apache RTR 200 V4 Race Edition, Colour- White, on 18/10/2018."

With a Chasis no. 15087, engine no. 15388 & Vehicle No.- MH 05 DW 8176

2. I regularly carry out maintenance of the afore said vehicle from the authorised service centre of i.e. “Supreme Automobiles” Ulhasnagar & Dombivli Branch.

3. Recently the afore said vehicle was having some issues with self-start hence I have given afore said vehicle for servicing on 16th September, 2021 to the authorised service centre “Supreme Automobiles” at Dombivli Branch.

4. The said service centre authorities kept the vehicle in their custody for one week and during that one-week period they have dismantled the whole vehicle and after inspecting each and every part of the said vehicle the authorities of said service centre have asked me to change a small part named as “HOSE FUEL CARB END- 290mm (K3140240)” which costs Rs. 40 and they have taken labour charges Rs. 499.74 to install the afore said part in the vehicle on 23/09/2021, Thursday and they also told me that the battery was working properly and was in good condition. And on the same day the Service Centre has returned the vehicle to me after one week assuring that the vehicle is in proper condition and would not give any problems. While giving the said vehicle to the service centre for servicing the head lights, break light, tail lamp and number plate lights were in good condition and were working properly but after servicing the upper head light was totally not working, break light was direct and was on for whole time, number plate lights were totally not working and off, alignment of vehicle was not done properly hence the vehicle was not taking balance properly, headlights fittings was not done properly hence there was noise from the headlights. I took the ride of said vehicle in front of the rider after servicing and came to know above said defects and I have immediately informed the same to the rider and Manager Mr. Abdul Kadar but they have made allegations against me and they said the vehicle had said problems before giving it to the servicing. If it was so, then what prevented the service centre from repairing the same while servicing the said vehicle within one week period? Why the service centre has changed only one small part and delivered the vehicle back? Why the service centre did not communicated said issues with me? Because it was a gross negligence and defective service at the hands of service centre.

5. On the same evening i.e. on 23/09/2021 when I ridden the said vehicle to Ambivli for my personal work with my wife on or around10.30 pm. At that time the vehicle broke down again with the same problems which it was facing before servicing. The vehicle suddenly stopped in middle of the road, the self-start was not working, display board was totally blank and the vehicle did not start for an hour. I called the Manager Mr. Abdul Kadar immediately and informed him about the said sudden breakdown of vehicle in the middle of the road at Ambivli but he did not respond well and asked me to keep the vehicle at afore said unknown place and told me that he will pick up the said vehicle on Saturday i.e. 25/09/2021. It was a foolish advice and I could not keep my vehicle at such unknown place but I was helpless in the middle of the road and there were no garages on the said road hence I had to push the vehicle for 3-4 kilometres.

6. After that, I have again tried to start the vehicle by pushing the same and it worked after tremendous efforts and the vehicle started and rode the same upto Thakurli, 90ft. road but it again broke down at Thakurli hence I again called the Manager Mr. Abdul Kadar he again told me to keep the vehicle on the place where it broke down and said it was his holiday next day and he will pick the vehicle from Thakurli on 25/09/2021. My capacity to handle the vehicle was over and I was with my wife in middle of the night hence I decided to park the vehicle at Thakurli on 23/09/2021 in the night and went home by another mean of transport.

7. On 24/09/2021 the rider has visited my home and took the key of said vehicle but did not informed the time that when he was going to pick up the Vehicle from Thakurli.

8. After that, the service centre again dismantled the whole vehicle and informed me after inspection on 25/09/2021 that, the battery of said vehicle was not in good condition and it was not charging properly, they allegedly found that there was a some amount water in the fuel tank hence they again advised me to change the battery and as per their advice I have changed the battery price of which is Rs. 2900/-. And they have removed about 5 to 6 litre petrol from the fuel tank by giving reason of finding the water in fuel tank. It was the second time in last six months that the service centre has removed such huge amount of petrol from my vehicle while servicing. At the time of re-servicing the said vehicle on 25/09/2021 the service centre have informed me that the bill would amount to Rs. 1599.88/- which consists of following charges and I have paid the same on 25/09/2021. But the service centre has sent the bill to me on my whats app on 26/09/2021 further they have not delivered the original bill, photocopy of battery to me till date. The bill of service centre dated 26/09/2021 is as follows: -
a. Halogen bulb
b. Bulb 12 vat 1.7w
c. Regulator cum reflector
d. Tank cleaning
e. Paid service charges
f. Consumable charges
g. Labour charges

Hence the total bill went to 4500/- for whole servicing, battery charges, loss of 5 to 6 litre petrol, mental and physical agony of me and my wife, other means of transport. After the servicing the rider has dropped the vehicle to my home on 25/09/2021.

9. On 26/09/2021 at 2.00 pm, I have gone to Badlapur with my wife for attending the family function at my relative’s residence and while coming back home to Dombivli around 8 pm the Vehicle again broke down at Ambernath and again it was having above said issues which are mentioned above in para no. 5. Again I have called Mr. Abdul Kadar, the Manager, and informed the said problems to him and he has again advised me to keep the vehicle at that unknown place. But I could not keep the vehicle at such unknown place hence I & my wife had to push the vehicle again for 4 to 5 kilometres and I reached Nevali phata, near Hajimalang Road after so much of struggle. After that, the rider had come to Nevali phata and I have handed over the key to him and he picked up the vehicle around 9.30 pm on 26/09/2021 from that place and I had to take other means of transport to reach home.

10. After that, the service centre again dismantled the whole vehicle but did not informed me what exactly the problem was and avoiding to answer my queries. Again this time they have removed 4 to 5 litre petrol from the fuel tank. They have again sent me the bill of Rs. 584/- on 30/09/2021 which has the description of changing the part named as “Switch Assy R2” and deliver the vehicle on 30/09/2021. I took a ride on 01/10/2021 of the said vehicle and again there was following problems with the vehicle
a. Headlamp (Upper) was not working
b. Breaks were not working properly
c. Gear shifting was very hard
d. Gear sensors not working
e. Alignment was not done properly which amounted to imbalance
f. The vehicle does not take pick up properly
g. Horn does not work
h. Instead of applying chain lubricants you have applied the local oil and greases

Because of the above said problems, I have immediately contacted to contact "Supreme Automobiles" authorized service centre and again they are telling me to drop back the vehicle to service centre for the above said issues but now the water has gone above and I have lost patience and also have no trust on your service center.

11. You have committed the deficiency in your services and ultimately your Company is responsible for all this act. I am an Advocate by profession and in this pandemic situation I regularly need to ride to various courts, places and government offices for my professional work. My vehicle was in your custody for almost 15 days due to which it was impossible me to travel from various places and as a result of that I have suffer loss near about Rs. 10, 000/- per day as my professional fees from various clients and cases, my wife has suffered mental and physical agony, I have suffered a physical harassment, mental agony and financial loss which you all are responsible to compensate.

12. On this note, I call upon you to compensate me the loss Rs. 1, 50, 000/- as my professional fees which I suffer a professional loss due to your defective services. I further call upon you to compensate me for Rs. 50, 000/- for physical harassment and mental agony of me and my wife and financial loss as well as for wasting my precious time with your service centre, further you need to compensate the charges which I paid to you for bills. Failing to which I will initiate the legal proceedings against (1) TVS Motors Company Ltd. (2) Supreme Automobiles, Dombivli by filing petition before the consumer forum for providing me service which has deficiency in it and filing criminal case for breach of trust, misrepresentation and any other alternate charges under Indian Penal Code or any other law for time being in force for playing a fraud upon me and you all will be solely and collectively liable for cost and consequences of said same. Treat this as a legal notice from me. I have attached the photographs for your perusal.

Ajit S. Zankar
Advocate, Bombay High Court
R/at. R.no.4, Shree Mahalaxmi Darshan CHS,
Telcos Wadi, Dr, Nemade Galli,
Old Dombivali road, Dombivali (w)
Taluka-Kalyan-Thane, Maharashtra 421202
Mobile No. [protected]

Office At- B-304, Sarvoday Park CHS, Nandivli Road,
Nr. Swami Samarth Math, Dombivli East- 421 204