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TRS ASSOSIATES

Dated: 19-09-2023

To,
Mr. veer S/o Mr. Vijay
R/o, Civil lines, Bampur

RESPONSE TO LEGAL NOTICE REGARDING DEFECTIVE


SEAT LOCK

I am writing in response to your legal notice dated 18 /09/2023, on behalf of VPS Fonda,
hereinafter referred to as "the Company," in connection with the defective seat lock issue
encountered by Mr. Veer concerning the Two Wheeler Factiva he purchased from our
showroom.

First and foremost, we acknowledge the concern raised by Mr. Veer regarding the
malfunctioning seat lock on his recently purchased Two Wheeler Factiva. We take all customer
feedback seriously and are committed to addressing any product-related issues promptly and
effectively. We appreciate Mr. Veer's choice in selecting our product, and we apologize for any
inconvenience he may have experienced.

It is essential to clarify that the seat lock issue falls outside the purview of :-

Warranty Coverage: As per our company's guidelines and the warranty terms and conditions,
it is explicitly mentioned that the seat lock is not covered under the warranty. This exclusion is
in line with industry standards to differentiate between warranty-covered repairs and those
resulting from normal wear and tear, accidents, or external factors.

Insurance Coverage: The insurance coverage provided for the Two Wheeler Factiva is
primarily intended to cover specific types of damages, such as those resulting from accidents,
theft, fire, and other incidents. It is not designed to extend to non-insured parts or components,
including the seat lock.

TRS ASSOCIATES
ADVOCATES AND LEGAL CONSULTANT
A-9, Sector 68 Bareilly, India
TRS ASSOSIATES

The malfunction of a specific component, like a seat lock, is generally not covered under
standard insurance policies. The responsibility for functioning of vehicle components,
including the seat lock, rests with the manufacturer and is governed by the warranty and
consumer protection laws.

Repair Costs : We acknowledge that Mr. Veer faced challenges with the seat lock and incurred
a repair cost of rupees 480/-. We regret any inconvenience he experienced, but we must reiterate
that seat lock repairs are not covered under the warranty. Therefore, the cost of replacement or
repair is the responsibility of the vehicle owner.

Furthermore, in accordance with the company's guidelines and industry standards, the
replacement cost of the seat lock, amounting to Rs. 480 as mentioned in your notice, is not
eligible for a refund. The warranty and refund policies are outlined in our product
documentation, and it is the responsibility of the consumer, in this case, Mr. Veer, to review
these policies and conduct a thorough inspection of the vehicle at the time of purchase.

It responsibility for checking the warranty terms and conditions when buying a scooty (scooter)
typically falls on the buyer. The buyer should be proactive in understanding and verifying the
warranty coverage associated with the scooty they are purchasing. Section 12 of the Sale of
Goods Act 1930 defines a warranty as "a stipulation collateral to the main intent of the
agreement the breach of which gives rise to a claim for damages but not an option to reject the
goods and treat the agreement as repudiated."

The product, which is not covered by the warranty, experiences an issue, the buyer would not
typically be able to claim warranty service for that particular issue. The warranty terms and
conditions, as well as the coverage details, should be clearly specified in the warranty
documentation provided by the seller or manufacturer.

We understand Mr. Veer's frustration with the initial experience and the inconvenience he has
faced. However, it is essential to clarify that the company follows established procedures for
addressing such issues. Mr. Veer was appropriately directed to our authorized service center and
advised to approach the point of sale for resolution, in line with standard procedures for
addressing warranty and service-related matters.

The company is committed to providing quality products and customer satisfaction. In light of
this, we are willing to work with Mr. Veer to resolve the seat lock issue to his satisfaction. We
will ensure that the necessary repairs or replacements are carried out in accordance with the
warranty terms and within a reasonable time frame.

TRS ASSOCIATES
ADVOCATES AND LEGAL CONSULTANT
A-9, Sector 68 Bareilly, India
TRS ASSOSIATES

We appreciate your concern and trust that this response clarifies the company's position on the
matter. We are open to further communication and collaboration to ensure that Mr. Veer's
concerns are addressed adequately.

Please feel free to reach out to us for any additional information or clarification. We hope to
resolve this matter amicably and to the satisfaction of all parties involved.

Thanking you,

TRS ASSOCIATES

TRS ASSOCIATES
ADVOCATES AND LEGAL CONSULTANT
A-9, Sector 68 Bareilly, India

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