Lawfarm Team
in Consumer Law Criminal Law Contracts Law Civil Law Tort Law Insurance Law
Asked May 28, 2016

Service centre used expired product on my car

  • 1 Answer

I visited a Car Service Centre,Chandigarh for 30,000 km service for my i20 Asta Model 2015 on 14.05.2015, They advised me in Estimate for Diesel Engine Conditioner (3M) for my car and i gave my consent to them. But when i checked during service, they used expired product for my car. Please advised me for this issue.

Answer 1

Answer framed by Sammanika Rawat, Lawfarm Researcher:   So as per your stated facts, your complaint is not yet time barred for consumer forum hence you may approach the forum. The complaint must be filed within two years from the date of deficiency of service. You can file the complaint even without hiring a lawyer. You are being advised to first send the other party a legal notice (read Section 28.A(2) of the Consumer Protection Amendment Act 2002 to understand the procedure for serving notice) via a registered post asking them to pay you the compensation or to change the expired parts with new ones. If they agree, you may not have to approach the forum and if they don't than this notice will strengthen your case.    In your complaint mention all the facts clearly and mention the compensation amount you want. In the end put your signature. This complaint has to be submitted along with the prescribed fee at the Forum. A simple application is sufficient for Consumer Forum. In your application you can claim for deficiency in service, breach of trust as well as breach of contract of service.    If this doesn't work for you than you can also file a criminal complaint for Mischief under S. 425 of the Indian Penal Code for intentionally causing wrongful damage to your car and for Cheating under S. 420 IPC. You can file both the civil (Consumer) as well as criminal complaints together.   
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