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Raviprem   27 September 2009 at 11:38

Regarding a dismissed consumer case of mine at District Cons

Dear Sir,

i was fighting against FIAT/ TATA/Prerana Motor (FIAT Manufacturer of the FIAT Multijet car, TATA the supplier of the said car and Prerana the dealer) and eventually the case was dismissed by the District Consumer forum, Bangalore. I feel that the Judgment provided was a corrupted / Corporate judgment instead of a Consumer judgment. This is the obvious feeling of a looser, none of the points presented by me were looked nor i have got any responses for the questions raised by me. They have also not looked into the arguments which i have provided.

The District consumer forum looked only the points presented by the OPs. it is almost copy paste of the ambiguous points presented by the opposite parties

I have a question here, can i file RTI on the consumer forums' order regarding why they haven’t looked into the exhibits submitted by me and why the president did not request for the written response from the OPs for the written arguments which i have submitted to the forum as i demand an explanation on it. This also clarifies me if there was any kind of corruption involved.

To give you a short description about the background of the issue


Before buying the car i have explicitly enquired about the spare parts availability and the service centers of the FIAT car.

Dealer has intimated to me that no need to worry about the spares or service centers. i can approach any TATA motors service Center in India for servicing and repairing the FIAT cars.

MY ENTIRE DECISSION MAKING TO BUY THIS CAR WAS MISGUIDED BY THEIR FALSE PROMISES. Based on their false promises i have decided in buying the Diesel version of the FIAT car as i do lot of travel

1) i met with an accident when i was travelling to Hyderabad from Bangalore.
2) Took the car to TATA Motors service center in Ananthapur, they refused to take the repair the car as they do not have the expertise
3) That TATA Motors Authorized dealer said that FIAT cars are repaired only in metros and Bangalore and in Hyderabad and nowehre else in india they repair it
4) I somehow manage to get the accident car to the so call Expertise location in Bangalore and they were unable to repair this car for more than 60 days and giving me the following reasons

a) SAP Upgradation at FIAT
b) System Integration between FIAT and TATA
c) No Stock of Parts at TATA
d) FIAT not sending the parts
e) Delay because of Diwali festival
f) Prerana also mentioned to me that they have 2 other cars which are waiting for over a month and mine is 3rd in line.
5) i decided on filing the consumer case and filed a case on 18Th of December 2008 and updated the same to the Dealer
6) after filing the complaint the said parties woke up and repaired my car and updated me on 25th and 27the they sent an email
7) i have filed the case for refunding of the money which i have spent on this car along with a demand of compensation. the reason for this is "Unfair and restrictive trade practice"
a) false information provided to me stating that the car can be serviced by any TATA motors service center
b) false information of Spares availability
c) Neither the Dealer nor the Supplier or the manufacturer were taking the responsibility of repairing my car
d) my entire decision making on buying this FIAT car was misguided because of this
e) i have provided the brochure of the FIAT car and requested for how i should identify which TATA motors dealers are authorized for repairing the vehicle as it was not provided either in the manual or in the brochure which they have provided to me after buying the car. for repairing was not considered for examination before providing the judgment
f) i have also provided the case of Vinoo Bhagat Vs. General Motors (India) Ltd. http://cms.nic.in/ncdrcrep/judgement/00FA1501998.htm where the entire amount of the car was refunded because of the false information provided to the consumer stating that the car was German engineering but in reality it was manufactured in Australia. Neither this was considered
g) in my case the false information was about hiding the facts that the TATA service centers responsible for servicing the FIAT vehicle are only in metros and the availability of spares.

The case was dismissed stating that 2 months delay was not an inordinate delay.

i can provide you copies of the complaint which i have raised, my arguments and the required documents for your referral

I request you to please help me how i should move forward on this case as i lost trust on the Karnataka District / State consumer forum.

Can i directly approach National Consumer Forum bypassing State Consumer forum.

Can i File RTI on the District Consumer forum for the reasons why he has not looked into the exhibits provided by me

BTW i did not engage any lawyer for fighting my case. I did not engage lawyers here because they are only good for fighting cases for Sambar and Rasam powder or Idlly mix but they are not fit for fighting a good case.

Initially I had a discussion with 2 - 3 lawyers they say we shall fight but later after 4 - 5 days they are Discouraging me stating that the judges are not good here in Bangalore and they do not want me to proceed to next court.

i request you to please help me here as i have lost trust even on the lawyers in Bangalore, Karnataka. i would like to fight myself in the next court but not sure how i should approach.


With best regards
Ravi

PJANARDHANA REDDY   27 September 2009 at 07:49

LET EXPERT KNOW THE AREA OF JURISDICTION OF CASE

I REQUEST THE QUERIEST TO MENTION THE FROM WHICH STATE THE CASE IS FALLING, ACCORDINGLY THE EXPERT CAN GUIDE AS PER THE LOCAL LAWS...

Ashu   26 September 2009 at 23:12

consumer

can any insured person get back the policy amount after three years even after policy lapsed due to non payment of premium .....if any can you suggest me any supreme court judgment

kamala   26 September 2009 at 23:05

succession

can a bank issue SARFEASI notice in the name of the deceased person

Can a bank insist on a sucession certificate to transfer the loan in hte name of wife

kuruvanagaraju   26 September 2009 at 10:09

charged excess

i wnt go for conumer court in this regard pl aI belong to Alur kurnool (Dist) of Andhrapradesh and presently residing in Jodhpur, Rajasthan. With an ambition to support my family and to get self employed I contacted “M/s VENUS TRADING COMPANY, WZ-508/1, Basai Dara Pur, Behind Ramesh nagar Metro Station Delhi-110015 ” based on their advertisement placed in the daily news papers “Rajasthan Patrika” and “Dainik Bhaskar”. After going through their website www.venustradingco.com and written material supplied by them I paid them Rupees 2000/-(Two Thousand) in advance vide bill no 507 dated 18 Apr 2009 and later I paid the Rupees 48,000/-(Forty Eight Thousand) for the six head thread winding machine. As per the agreement they have to supply the raw material of 240 kg/week and pay the labour charges of Rs 35/Kg for the finished goods what we supply to them. With the machine they supplied only 40 kg of the raw material which is costing Rs 900/- and after finishing 18 Kg of the raw material we sent back to them. Till now the company has not paid the labour charges and not supplying the raw material and not returned the agreement which I sent back for correction in respect of transportation charges.
3. The original cost of the machine supplied by them is only Rs 27,000/-(Twenty Seven Thousand ) as per the original bill received by me where the company received Rs 50,000/- from me. Besides over charging they supplied me a faulty machine. The company neither rectifying the faulty machine and nor replacing and not supplying any raw material. My repeated letters for the return of the machine to the company became unclaimed
hence i request you suggestion and help
dvise me.

Gopal K Verma   26 September 2009 at 08:18

again join platefarm

Respected all, I was member of Lawyers club of India since 18 Aug 2008. Due to some unavoidable reasons I could not join. Now i am joining all of you . I am preticing lawyer at uttrakahnd since 1998.My friend Sarvesh Kumar Sharma who is active member of this platfarm has aware me about this.
So, I am sending my massage to all of you .
I am also contesting the election for Bar Council of Uttrakhand. So I hope all of you would support me by all means.

Abdul Aziz   25 September 2009 at 22:10

Regarding Owners Assocaition law.

Hello Sir,

Our's is a registered Owners association in Thane district, Nerul, Navimumbai. Please help me to understand if i have any dispute with the Managing Committe members or tenants of the society, under which law of act it will be addressed.

Issue: Leakage issue from above flat owner who happens to be seceratary of the Managing Committee.

Property Law or Civil Law.

Thanks to guide me on the same.

Anandakumar   25 September 2009 at 17:18

13(4) SARFAESI PAPER PUBLICATION

After taking possession under 13(4) SARFAESI, is it mandatory to publish the same in news paper. If it is mandatory, What is the available recourse for the bank if it is not published?

P.C. Joshi   25 September 2009 at 16:44

Professional advise

Friends,
Can personal advises be asked on this forum. If yes, how.

Regards
P.C. Joshi

Member (Account Deleted)   25 September 2009 at 16:31

Time limit for the disposal of the cases

For the disposal of civil and criminal cases there should be a certain time limit say five months or six months. Do you agree?