Regarding a dismissed consumer case of mine at District Cons
Raviprem
(Querist) 27 September 2009
This query is : Resolved
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
Guest
(Expert) 27 September 2009
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING THE CONSUMER COURT MATTER KINDLY NOTE THAT
1.YOUR MATTER IS DECIDED BY DIST CONSUMER COURT .HENCE YOU HAVE TO APPEAL TO STATE CONSUMER COURT BY ENCLOSING THE CERTIFIED COPY OF THE JUDGEMENT OF DIST CONSUMER COURT.
2.KINDLY NOTE THAT YOU HAVE FILED YOUR MATTER IN PERSON AT DIST CONSUMER COURT.KINDLY NOTE THAT CONSUMER PROTECTION ACT IS THE RELEVENT ACT.BUT KINDLY NOTE THAT AT THE TIME OF ARGUMENTS LOT OF OTHER ACTS ARE TO BE REFERED.YOUR OPPONENTS WERE REPRESENTED BY LEGAL DEPTS OF MANUFACTURER AND DEALERS OF THE SAID CO. KINDLY NOTE THAT THOUGH YOU MAY BE EXPERT IN YOUR OWN FIELD AND MIGHT HAVE SEVERAL YEARS EXPERIENCE YOU SHOULD NOT UNDERESTIMATE YOUR OPPONENTS ON SEVERAL OTHER LAW POINTS REGARDING CAUSE OF ACTION LIMITATION JURISDICTION AND NOTICE AND OTHER SEVERAL FACTS OF THE CASE.
HENCE IT IS SUGGESTED THAT A GOOD EXPERIENCED LAWYER CAN WIN AND SUCCEED IN YOUR MATTER AT APPEAL AT STATE CONSUMER COURT PLEASE NOTE.
3.KINDLY NOTE THAT YOU HAVE SUFFERED HEAVY LOSS AND ARE AGGRIEVED DUE TO DEFICIENCY IN SERVICE ON THE PART OF THE OPPONENTS,YOU CAN GET COST AND COMPENSATION FOR MENTAL TORTURE HARASSMENT AND FOR DAMAGES AND EVEN YOU MEY PRAY FOR TOTAL REPLACEMENT OF CAR DUE TO MANUFACTURING DEFECT AND LACK OF SERVICE FACILITIES.
4.YOU MAY FILE A CIVIL SUIT AT DIST AND CIVIL JUDGE SENIOR DIVN COURT AND CLAIM THE COMPENSATION FOR MENTAL TORTURE HARASSMENT AND COST AND DAMAGES FROM THE OTHER SIDE.KINDLY NOTE THAT YOU HAVE TO PAY COURT FEES AS PER THE TOTAL AMOUNT OF YOUR CLAIM.PLEASE NOTE.
IN CASE YOU NEED ANY FURTHER HELP KINDLY SEND THE DETAILS OR CALL
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI), ADVOCATE.
A. A. JOSE
(Expert) 27 September 2009
Dear Sir,
You are "Raviprem" having no "prem" for the Lawyers of Karnataka which is obviously on account of your misconception that Lawyers in Karnataka are not competent. Unless you change this view, I do not think that no lawyer or Judge would be able to help you. I am aware that Karnataka is one of the States which produced several eminent Lawyers and Judges inspite of which your poor impression about the Karnataka Lawyers, that too, expressed in this Lawyersclub ,is condemnable.
While complainant is allowed to plead his case in the consumer fora without need for any Advocate, it is a known fact very few people can match the expertise of a trained lawyer in pleading a case in the court. The nicities of law are not easy to be understood by anyone and everyone who has no legal training with the result that ultimately when one loses the case, one will be tempted to believe that the Judge has favoured the opponents for some other consideration. Perhaps, your complaint could have been more effectively handled by a Lawyer in which case the outcome may have been different. Merely having some judgements of the superior courts and quotings from them should not be taken as sufficient enough to obtain a judgement in one's favour. However, many a times, laymen commits such mistakes because they feel that they are well equipped to plead their case and no Advocate is needed. However, the ultimate fate of such cases turn out to be similar to that of your own case.
In view of the above, I am of the view that you should first of correct your own impression about the Lawyer community of Karnataka in particular and elsewhere in general, and seek help from a good lawyer for filing a revision application in the State Commission.
Raj Kumar Makkad
(Expert) 27 September 2009
Agreed with A. A. Jose. Better you file an appeal before State Commission rather accusing and alleging all organs of law and even then seeking advice from lega fraternity of this community.
Raviprem
(Querist) 28 September 2009
Respected Lawyers,
I NEVER HAD ANY MISCONCEPTION OR CRITICIZED ON ALL THE LAWYERS EITHER IN BANGALORE OR IN KARNATAKA. IF THAT WAS THE MEANING CONVEYED OUT OF MY POST THEN I AM UNCONDITIONALLY APOLOGIZING.
In my query what I said was, I have consulted 2 -3 lawyers in Bangalore and that was the conclusion I came on them. It is not on all the lawyers in particular to any city or state.
I am very well aware that I am posting my query in LawyersClub expecting some help and I am sure lawyers in Bangalore and Karnataka will also look into it and respond to it.
With misconception on the lawyers either in Bangalore or in Karnataka will not yield anything to me. I have posted my query in this forum expecting some help from the lawyers. If my intention was to criticize then I wouldn’t have approached any lawyer or this forum.
If I came to conclusion after consulting only one lawyer then I am at error.
That was not the case, I have discussed with 3 lawyers and also spent (wasted) considerable time and effort with those lawyers; I have provided all the necessary documents to strengthen my stand. They have also agreed that my case is VERY VERY STRONG; they have also said that we will appeal in state forum and finally they come back to me and start discouraging me and suggesting me not to appeal or go further on this case. If I ask for the reason they blame that the Judges in the forum are not good they are corrupted. They also say that those MNCs will go to any extent to save their brand name and including bribing the judges which is normal practice with those MNCs and they quote some examples.
I am sorry to say this, but this is the common reason which I have heard from all the 3 lawyers with whom I have discussed. I have lost more than 20 valuable days’ time of mine and effort in discussing with them. As a common man what else do I need to do? What more I can expect? I do not want to live on KARMA Siddanta and leave it to my fate? I want to fight for justice that was the main purpose in posting my query.
Infact I have also requested those lawyers that I don’t mind losing my case. My only expectation was I do not want the Judges’ personal view as judgment I want all points should be looked before providing any judgment. If my points are really invalid or vague then I want to know the reasons and the respective sections under which it falls. I hope it is a fair ask.
Discouraging by stating not to appeal is not a good sign from a lawyer. Correct me if I am wrong.
IF LAWYERS THEMSELVES STATES THAT JUDGES ARE NOT GOOD OR CORRUPTED THEN AS A COMMON MAN WHAT DO YOU EXPECT FROM ME. That was the main reason for me to ask if I can bypass state forum and go to National forum.
I did not lose my trust on our courts or judges or lawyers in any city or in any state I have lot of “Prem†& TRUST and that is the reason I wanted to get help from this forum in fighting my case.
Please let me know if you or anyone ready to fight my case I will contact to discuss further.
Thanks and Regards,
Ravi
