Vivek purchased a bike from Saranath Automobiles with a written guarantee to repair or
replace, if necessary, within six months or 5,000 kms of distance travelled whichever is
Earlier. After covering a distance of 400 kms in two months, the gears of the bike started
giving problems. Vivek took the bike to the dealer who refused to listen to his complaint.
He was confused about what he should do.
a. Suggest the rights that Vivek may exercise in the above case.
b. Discuss, briefly, the rights suggested in point (a).
Answers
a) Vivek has the following rights in the above case:
- He can demand that the dealer repair or replace the bike as per the written guarantee within six months or 5,000 kms, whichever is earlier.
- If the dealer refuses to listen to his complaint or denies the warranty, Vivek can approach the consumer court to file a complaint against the dealer for breach of warranty.
- Vivek can also demand a refund or replacement of the bike if the dealer fails to repair or replace the bike as per the warranty.
b) The rights suggested in point (a) are based on
Consumer protection laws: These laws are designed to protect the rights of consumers against fraudulent or unfair trade practices by businesses. In this case, Vivek has a written guarantee from the dealer, which is legally binding. As per this guarantee, the dealer is obligated to repair or replace the bike if it develops any problems within six months or 5,000 kms of distance travelled, whichever is earlier.
If the dealer refuses to honour the guarantee, Vivek can approach the consumer court for redressal. The court can direct the dealer to repair or replace the bike or award compensation to Vivek. Therefore, it is important for consumers to be aware of their rights and take appropriate action if their rights are violated.
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