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Linea Active MJD 2012 - Filed case in Consumer Court

Discussion in 'Linea 1.3 MJD' started by anupam_aug15, Aug 6, 2014.

  1. anupam_aug15

    anupam_aug15 Novizio

    Messages:
    41
    hyderabad
    Hi Latest update of my case after hearing on 20 Oct 2014.

    Once again FIAT kept absconding like cowards and did not send their lawyer for the hearing . Meanwhile Tejaswi / Butta motors has filed their reply which refutes all my claims of repairs. Its amusing that what answer they would give when asked what they were doing with my car for 2 years if there was no problem ??? May be they need a better lawyer.

    Also Butta Motors lawyer told me that they themselves have written to FIAT to return FIAT dealership as they are not able to do service of vehicles !!!!!! Don't know if that's true.

    Judge has taken serious note of FIATs deliberate absence and has given them last chance to file reply . Its funny to see a big company hiding around just to save itself of few lakhs which are pennies for FIAT. But then may be they want it this way as they feel they have big lawyers on roles. Next hearing is scheduled for 26 Nov 2014.
    Last edited by a moderator: Oct 22, 2014
    sdp1975, Rituraj and kookaburra like this.
  2. nkrishnap

    nkrishnap Staff Member Janitor

    Messages:
    1,900
    Bangalore
    Bangalore
    Linea 1.3
    Locking the thread until next update. Anupam, please this post when you have an update, we will open the thread for you.
  3. anupam_aug15

    anupam_aug15 Novizio

    Messages:
    41
    hyderabad
    Well Dear FIAT Lovers , I got big updates for you .

    Well when you buy a FIAT car , then you believe its by FIAT but when you read FIATs reply submitted to the court recently you will be forced to ask " Whos car is this anyway ???"

    FIAT legal head " Harsh Mitra " has submitted in court that dealers buy car from FIAT in bulk and FIAT is not responsible for the car sold by their authorized dealers. Similarly the service provided by FIAT service centers is at the discretion of service centers and FIAT is not responsible for the service provided by its authorized service centers .

    This means that even is your car is messed up at service center , FIAT is not responsible then on whose guarantee we are sending the vehicle to their Authorized workshop.

    I know this forum is for FIAT lovers but I believe it should be open to criticism if our beloved company is going on a wrong path.
    It seems in this case , FIAT has lost not only all ethics but all sense of responsibilities and they are just bent upon washing their hands off the defective car and dreadful service offered.

    I would also humbly request the moderators and others to kindly support me and help me in anyway possible way . Also , if possible , to keep the thread open so I can get any guidance or help possible in fighting my case.

    Ammendmentjpg_Page2.jpg New_Doc_44[1]jpg_Page1.jpg New_Doc_44[1]jpg_Page2.jpg New_Doc_44[1]jpg_Page5.jpg New_Doc_44[1]jpg_Page6.jpg

    Next hearing date is 16 Dec 2014 . I will keep you updated. Meanwhile any suggestions or any advice is welcome .
    kookaburra likes this.
  4. alextvino

    alextvino Timido

    Messages:
    4
  5. asimpleson

    asimpleson Esperto

    Messages:
    3,000
    Heptanesia
    Linea 1.3
    Do update here definitely. The obvious has happened as far as the Opposite Parties are concerned. As thought earlier they denied and further argued on other technical grounds. Clearly, the forum's (judges) views, comments, questions, directions on this matter will be important to see who is liable after all for the issues. Secondly, how true are the issues mentioned, the veracity of claims might be needed to be argued upon. What stand will the Opposite Parties take to rectify the issues (maybe later).

    I have mentioned earlier, if a reasonable compromise can be met in between for an out-of-court settlement, that will be the best.

    There is also a view expressed by some ex-Fiat employee who expressed an opinion which translated to something like this..
    "The company in these matters is what? Ultimately a group of people who the end-user or customer deals with. We (the company) try to sort out issues, when the heads of service and quality are involved and even offer car replacements, when some customers just wont accept the measures, sometimes more than actually needed in certain cases. The consumer later threatens court case, and we think fine let him go to court, let him fight us. Now we will show him..."

    It comes down to ego clashes and no party wins (in a way). Even after years of battle, the question he raised is "is it worth it". I thought obviously it must be for some who have suffered the worst.

    Not to be insensitive towards your issues or case, but I must mention here that even this forum (TFI) has a practical limitation for the most part in many a cases where facts cannot be verified for 100%. A lot is based on certain assumptions (in good faith) depending on observations and description of members (which clearly they feel is correct). There are matters of perception and reality which are beyond scope of functioning of such forums.

    As stated earlier, we would like to see both parties to win, or all three as in this case of yours.
    --- Double Post Merged, Dec 12, 2014 ---
    You mustve forgotten to upload page no. 3 and 4 of reponse? Please upload.
    Last edited: Dec 12, 2014
    cassini and prabhjot like this.
  6. anupam_aug15

    anupam_aug15 Novizio

    Messages:
    41
    hyderabad
    Dear Asimpleson

    I Totally agree with you that people cannot agree with me or believe me without any proof and that's totally understandable . Though if I share my communication of some 100 mails shared over past 2 years may tilt the view in my favour but that's not my intention right now.

    As far as out of court settlement is concerned I was and I still am always open to that but somebody should come forward for that. I even expressed the same intent to the lawyers of service center and FIAT. Once "Amogh" from this forum offered to mediate between me and FIAT and I was ready but I dont know why he never replied later.

    And as far as opinion of some ex FIAT employee is concerned well , that clearly shows why FIAT is not even in top 10 in India . Its the attitude they have which has brought them to the bottom despite an excellent product . They feel its customers who need FIAT while its the other way around.

    There is no ego clash here as when my hard earned money is at stake I can never have an ego. I am robbed of my hard earned money for which I am bound to fight.

    I am surprised that you are not all concerned when you say obvious has happened as far as opposite parties is concerned . Do you think there is anyway FIAT can tell that they are not liable for cars sold by their dealers or repaired by service centers as its FIAT car not Dhingra Motors car !!!!

    I did not post other pages as my aim was just to show the FIAT response regarding their ownership of a FIAT vehicle . But if interested I can post them too .

    what I expect from this forum is that since it is the biggest FIAT fan forum , If someone can mediate and help their fellow member who is suffering due to FIAT apathy . I can show all the proofs and then they can decide if I am right or wrong .
    cassini likes this.
  7. limraj

    limraj Superiore

    Messages:
    915
    Trivandrum
    Linea 1.3
    If I buy a car from any dealer, I am buying the maker's car. The maker cannot evade the responsibility to the dealer.
    I may get my car serviced at any of the service centres, at my convenience. It's still the car made by the OEM.
    Unfortunately, you had to go to the court.
    If FIAT or other parties are not interested in an out of court settlement, it may not be worth hoping for that.
  8. anupam_aug15

    anupam_aug15 Novizio

    Messages:
    41
    hyderabad
    Thanx Limraj

    Thats the exact point that how can FIAT wash off its hands from a defective car and say all the responsibility lies with Dealer & service center . Specially this statement is given by FIAT legal head . Then on whose responsibility are we buying FIAT cars or sending them to service centers ???
    I agree when nobody is interested in out of court settlement , I am determined to fight till end .
  9. asimpleson

    asimpleson Esperto

    Messages:
    3,000
    Heptanesia
    Linea 1.3
    I am simply stating the restrictions of this forum. You need not prove it to any of us. It is already in a forum which has the teeth needed for such things (i.e. the court and the due course of law). And do note here that I said "in good faith".

    I think that is something he (Amogh) knows best. I am sure he has been busy or something else might be the reason he best knows. I am glad he offered it out of kindness. You better ping him or other mods and ask. Thats all I can say.

    I think I didn't quite mention that it was more on a regretful note that he mentioned his years of observation. I am not implying you are one of those hard-headed customers he is referring to. Please do not think that way. Besides I differ in opinion about you excluding/attributing this attitude to Fiat employees only. You will I am sure encounter such professionals or employee mindset at every juncture in various fields. I think it is human behavior that was being pointed towards. An observation of what happens usually. Please don't read too much into it.

    Perfect and I agree with you its not about ego for you. But can you be that sure it wont be an ego issue for the company (or its employees). And can you be too sure they don't or might not see you in similar light.

    You have misread my post. The obvious steps of blocking and stalling or diverting will happen and has happened. The obvious thing that they block or fight will happen is all I have said. Wasn't that quite obvious to you already. What do we expect, a no games simple surrender here? Did you miss the part where the forum (judge) and his comments is mentioned by me. I am saying it would be best if the judge makes a remark on this issue. It is immaterial what I think. I am simply an observer who wishes that your agony ends sooner rather than escalating.

    If you post in full their reply (the missing pages), there could be legal experts here or some well-versed with law who could point at any problems in their reply, you never know who reads the posts and when. Besides it would help understand fully what points they are trying to raise to block you or defend themselves. What they mentioned is technicalities about how they are not liable. Clearly your lawyer can or should suggest better and give a befitting reply.
    limraj and prabhjot like this.
  10. himanshu4886

    himanshu4886 Regolare

    Messages:
    261
    Ahmedabad
    Linea 1.3
    In my opinion the reply of the point that opposite party 2 on the fact that vehicle is not their responsibility is baseless from the very start.

    The manufacturer providing warranty on a product, itself makes it clear that in case of defects which might have left from their eyes despite of testing thoroughly which I am sure they do, is their responsibility to take care of.

    Moreover if the vehicle doesn't belong to them their is no point in pasting Fiat badge on the product.

    Rest as asimpleson said it is the respective authority to make good judgement based on the facts both party present.

    My wishes for you and hope for the best.

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