Car dealers can’t refuse customer any service within warranty period ASHISH MEHTA
Q: I own a popular car brand that offers five years’ warranty for 100,000 kilometres. I regularly service my car at a reputed automotive group, but not with the authorised dealer appointed by the manufacturer of this car. Now, the air conditioner (AC) of the car has developed some problem and I had taken it to the dealer to fix the snag within the warranty period. The dealer has informed me that there is no warranty for air conditioning, as I had not serviced my car at the workshop of the dealer. The workshop where I serviced my car is recognised and approved by the government and I did not miss even a single servicing session. Further, the condition of AC has nothing to do with the servicing of the engine of the car. A: If your warranty specifically states that the warranty for air conditioning service or the car will be valid only if the vehicle is serviced at the workshop of the dealer, then it may draw your attention to this provision of the warranty. If there is no such condition stipulated in the warranty issued to you by the manufacturer of the car, then this dealer may not have any merit in the reasoning it has provided you.
The Federal Law No. 24 of 2006 in respect of Protection of Consumers (the ‘Consumer Law’) protects and safeguards the interest of consumers in the UAE. Since, you are a consumer and this dealer is not providing you services as mentioned in the warranty, it is violation of your consumer rights. This is in accordance with Article 33 and Article 34 of the Consumer Law of UAE. Article 33 states, “The provider shall guarantee the quality of the goods or services, the availability of the specifications specified or the conditions imposed by the consumer in writing. He shall also guarantee the latent defects which may diminish the value of the goods or service, or render the same unusable for the purposes for which it is produced according to its nature or the terms of the contract entered into by the provider and consumer.” Further, Article 34 states, “The provider shall provide the after-sale services, including spare parts, maintenance for durable goods, for a period not less than five years, or according to the nature of the goods.”
Based on the aforementioned provisions of law, if the warranty does not have any restrictions, then this dealer should accept the warranty and fix the car’s AC. In the event this dealer does not do it within warranty of the car, you may approach the Consumer Rights Department at the Ministry of Economy.
Get your marriage legalised in home countries for visa
Q: I am an Indian citizen employed in the UAE and drawing a salary of Dh10,000 per month plus accommodation benefits. I am married to an Indian citizen and our marriage was held in Singapore under the provisions of Singapore Marriage Law. We have valid marriage certificate issued from the competent authority of Singapore. Now, I intend to get my spouse to UAE under my visa sponsorship. A: You should get your marriage certificate attested by a Notary Public in Singapore, thereafter attest the same by the Ministry of Foreign Affairs of Singapore and then duly attested by UAE Embassy in Singapore. Later, the same needs to be attested by Ministry of Foreigners Affairs and International Cooperation in the UAE before you apply for the residence visa for your spouse. Since you and your spouse are citizens of India, you may legalise your marriage in India. Therefore, you may have to approach the Indian Embassy in Singapore. This is in accordance with Section 17(1) of the Foreign Marriage Act, 1969 of India, which states, “Where (a) a Marriage Officer is satisfied that a marriage has been duly solemnised in a foreign country in accordance with the law of that country between parties of whom one at least was a citizen of India; and
(b) a party to the marriage informs the Marriage Office in writing that he or she desires the marriage to be registered under this section, the Marriage Officer may, upon payment of the prescribed fee, register the marriage.”
The Marriage Officer is defined in Section 3 of the Foreign Marriage Act, 1969 of India as “For the purposes of this Act, the Central Government may, by notification in the Official Gazette, appoint such of its diplomatic or consular officers as it may think fit to be Marriage Offices for any foreign country. Explanation - In this section, “diplomatic officer” means an ambassador, envoy, minister, high commissioner, commissioner, charge d’ affaires or other diplomatic representative or a counsellor or secretary of any embassy, legation or high commission.”
Employee entitled to 90 days of sick leave 3 months after probation
Q: I am employed by a private company in the emirate of Dubai under an employment contract of unlimited duration. I have completed four years of service with my employer and have been diagnosed with a serious illness. This will require me to take a long leave on medical grounds. A: An employee can avail up to 90 sick leaves in a year and will be paid complete remuneration for the first 15 days of sick leave, half of the remuneration for next 30 days and thereafter 45 days without remuneration. This is in accordance with Article 83 (2) of the Federal Law No. 8 of 1980 regulating Employment Relations in the UAE (the ‘Employment Law’). It states, “If the employee completed more than three months after the probation period in the continuous service of the employer and falls ill, he shall be entitled to sick leave not exceeding 90 days whether continuous or otherwise, in respect of every year of service. Such leave shall be calculated as follows: a) The first 15 days with full pay; b) The next 30 days, with half pay; c) Any subsequent periods, without pay.”
Further, the employer may terminate your employment upon completion of 90 days of sick leave if you are not able to resume your work. This is in accordance with Article 85 of the Employment Law, which states, “An employer may terminate the service of an employee after the period of sick leave provided for in Articles 82, 83 and 84 of this Law if employee is unable to resume his work within that period; in this case the employee shall be entitled to an indemnity in accordance with the provisions of this Law.”