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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. prabhjot

    prabhjot Esperto

    Messages:
    2,444
    delhi ncr
    None of us normally read the legal fine print when ANY carmaker sells a vehicle via a dealer: if we did I suspect we'd find that they limit their legal liabilities to warranties, that is one of the very reasons they prefer to retail through dealers, otherwise given that dealers enjoy good margins why would they not setup company owned retail operations and internalize profits?

    The commercial risks but also the liability risks are shared between the dealer and the car company: that is the whole rationale from their point of view of the via-dealers retail model. Which is why it is VERY unlikely an e-commerce solution to car retailing will ever takeoff.

    Of course consumer courts in common-law countries like India presumably have the reasonable freedom to, in ambiguous cases, pin the firm down too. And often have in many reported cases. I don't know whether Indian consumer courts entertain a 'caveat emptor' (buyer beware...of risk liability he takes on) argument?
    anupam_aug15 and asimpleson like this.
  2. asimpleson

    asimpleson Esperto

    Messages:
    2,998
    Heptanesia
    Linea 1.3
    Technicalities such as change of entity (title, company name/formation) or limited jurisdiction, everything will be exploited by Fiat's people on roll. They will go to great lengths of ridiculous arguments to demoralize or dissuade, so as to reach an early resolution (via media) and mainly to limit their own liability. You are correct Prabhjot, court should ideally take a more favorable irrespective of such arguments. However, technicalities matter and that is where lawyers are needed, unless you can manage to dig that deep and find parallel cases, solutions or verdicts to cite them in an argument.
    --- Double Post Merged, Jan 3, 2015 ---
    I am very sure that a huge no. of genuine cases are never reaching top management who are I am sure committed to solve issues for customer benefit. All this is pretty much due to concealing of facts by employees and lapses in communication including communication breakdown. And this is the case with too many big companies not just automotive, much more over here than the west. For Chrysler Mr. Sergio commented of some resolution presented by management within a few hours. Hopefully the same could be made available to Indian customers too. Must mention here that there are too many unreasonable customers too that dealerships and company face time and again, but we never discuss that since its the company lookout.
    Last edited: Jan 3, 2015
    prabhjot likes this.
  3. mohdshea

    mohdshea Amatore

    Messages:
    83
    malappuram
    kerala
    Linea 1.3
    anupam, good luck in your case. i think i am the one next in your path. my car is in garage for more than month now for engine problems and i also had started a thread. if fiat does not give me reasonable discount i am also planning to move legally. it is so disappointing to see such irresponsible attitude from fiat. and literally they have done it by saying in the court that they are not responsible for anything. my motivation to go to court is from another customer that i met from the service center, he is an advocate and his linea was also overhauled a year back from another service center at 70k kms. he said the hearing is in process and he expressed full confidence in winning the case and a few days back i called him explained to him my current situation. he asked me to drop by his office some day after the work is finished and said in a sarcastic tone that these fellows should not be left like this and we should respond. he is a bit aged fellow and i don't know if he is very active in the internet. but if possible i will try to get a copy of the court proceedings so that i can share it with you
  4. anupam_aug15

    anupam_aug15 Novizio

    Messages:
    41
    hyderabad
    Trust me guys its so painful to hate something you loved most . I loved FIAT and also advocated in favour of FIAT and the same FIAT is pissing me off with their so indifferent attitude just for few bucks they want to save.But atleast I am making sure that none of my friends or even enemies buy a FIAT now .

    FIAT still says they have done whatever best possible i.e. if the vehicle is faulty its my luck .
    But I am determined to fight them as I cannt let these thieves loot my hard earned tax paid money . The case is a bit slow but going fine and the next hearing is planned for March 27 , 2015. I have already provided the court all the emails exchanged between FIAT and me and they are more than 100 mails .

    Also FIAT cannot provide any warranty and name its service centers as authorised service centers if it claims they are having principal to principal relationship with the dealers & service centers . Its a fraud , nothing else .
    --- Double Post Merged, Mar 16, 2015 ---
    I have written mails to highest levels in FIAT and Me Mangesh Kodalkar , who is service head or next to service head country has been always calling me and coordinating with me . Yet they could not solve the problem and could not show little bit of ethics . I have written even to customercareinternational@fiat.com who initially responded and then no responce.
  5. anupam_aug15

    anupam_aug15 Novizio

    Messages:
    41
    hyderabad
    Latest update is that I have filed evidence affidavit in court i.e. all the evidences I wanted to present against FIAT and unfortunately again FIAT is absconding from the court . Last chance is given for 1 May 2015 after that they would not be allowed to file evidence against me , if any.
  6. limraj

    limraj Superiore

    Messages:
    914
    Trivandrum
    Linea 1.3
    Good luck for May 1. Does this mean that, if they do not file anything by May 1st, the court will go buy what you have submitted and take an immediate decision?
  7. mohdshea

    mohdshea Amatore

    Messages:
    83
    malappuram
    kerala
    Linea 1.3
  8. kiranrv

    kiranrv Amatore

    Messages:
    139
    Chennai
    Any update
  9. anupam_aug15

    anupam_aug15 Novizio

    Messages:
    41
    hyderabad
    Great news guys. Finally the mighty FIAT has to bite the dust as the court has given verdict in my favour. It used pretty harsh words for FIAT and declared the vehicle as defective. Would upload the copy of judgement. :finger::)
    varunrtr, Masum Reza and dadasaheb like this.
  10. limraj

    limraj Superiore

    Messages:
    914
    Trivandrum
    Linea 1.3
    Congratulations...!
    More than fiat making a payment/replacement to you, they may be worried of the court judging their product defective.

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