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Motor vehicle repair issue

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Motor vehicle repair issue. My car broke down on Feb 4, 2023, due to overheating issues and I googled for nearest garage and called them, a person came and inspected and towed the vehicle to garage, after couple of days he gave an estimate of Rs62000 and list of spares and I checked the spares online and found reasonable, so suggested mechanic that I will provide the spares and he refused it. I settled for Rs 50000 with couple of spares, engine oil. 30000 advance was paid in next couple of days. After regular follow telephonically, WhatsApp and visiting physically more than 10 times, it’s been 3 months now and also paid 15000 (total 45000).

Still, he is not delivering the vehicle. Also he called me and said  major spare part  is available  in local scrap shop for a bargained price of 13000 from 18000 , and informed without that spare it is impossible to repair the car, so I checked online and ordered a compatible spare for 6000, later he asked to cancel the order, I was not able to cancel it after delivering the spare he installed and said we are seeing error in scan results, so he installed the spare bought from scrap dealer, later he mentioned there is a problem with ECM spare, he took another 15 days to get that work done, but he has opened the engine for the 3rd time.  And now it’s April 21, 2023, I am in my relative marriage with lot of arrangements to be done, he calls 15-20 times in a span of 10 min for money.

He will be charging another 30-35k for new spares, sensors, self-start component is burnt. 15 ltr of petrol is taken as well. Please suggest me for further process and teach this day light looter a lesson for life, he has no GST Registration, I am pretty sure he has not filed IT returns. I am really tortured because of this person; I really want him to go through some income tax complications.

Asked from: Telangana

If you’re unsatisfied with the work done by a particular garage, you have the option of taking your vehicle to another garage to complete the remaining mechanical work. In this scenario, it’s recommended to send a legal notice to the original garage and retrieve your vehicle before having the work completed elsewhere. You’ll need to settle any outstanding bills before taking your vehicle to the new service provider. Failure by the original garage to release the vehicle may result in a criminal case for extortion.

Once the repairs have been completed at the new garage, it’s advisable to consult with an independent investigator and obtain a repair estimate. If you’ve paid more than the estimated amount, you have the right to seek reimbursement from the garage. You can file a complaint with the District Consumer Redressal Commission for recovery of balance amount between the actual payment and estimated cost of repair, compensation for any mental distress caused by the ordeal, as well as reimbursement for litigation expenses.

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Shivendra Pratap Singh

Advocate

Founded Kanoonirai.com in 2014, I have been committed to delivering reliable and practical online legal advice in India.

With nearly two decades of experience as a practicing lawyer in Lucknow, I have been actively representing clients before the High Court of Judicature at Allahabad, its Lucknow Bench, as well as District Court since 2005.

My legal expertise spans across criminal law, matrimonial disputes, service matters, civil litigation, and property-related cases.

Through Kanoonirai.com, I aim to make professional legal help in Lucknow and across India more approachable, transparent, and convenient for individuals seeking trusted solutions to their legal issues.

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