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CASE HISTORY FOR FIAT UNO CAR
CASE IN DISTRICT FORUM, SHEIKH SARAI-II, NEW DELHI
CASE NO- 616/2004
MADHUBALA V/S I ATIL MOTORS (RESPONDENT-I)
(COMPLAINANT) Dealer
&
II FIAT INDIA (RESPONDENT –II)
Manufacturer
The case was filed by Ms. Madhubala in District Forum on 21/12/2004 regarding manufacturing defects in the FIAT Uno car purchased by her in 2002. During the case Atil Motors has appeared and Fiat India did not been appear in the Court on any date.
The judgment passed on 23/05/2005 in favour of Ms. Madhubala stating that the car has manufacturing defect. Upon execution orders being issued, Fiat India appeared through its lawyer in the execution proceedings and got the judgment amended for refund of car instead of replacement of car saying that the company is no longer making Fiat Uno car.
Fiat has neither given the cost of the car nor have they replied within the time period as per the judgment order. After having the order modified at their instance, they went in appeal in State Consumer Dispute Redressal Commission on 27/06/05.
STATE CONSUMER DISPUTE REDRESSAL COMMISSION
APPEAL NO. A453 OF 2005
FIAT INDIA (Manufacturer) V/S I MADHUBALA (RESPONDENT-I)
APPELLANT &
II ATIL MOTORS (RESPONDENT-II)
Dealer
On 27/06/2005 Fiat India went into appeal.
The case was heard in State Commission for 2 years from 27/06/2005 to 09/04/2007. Atil Motors has given statement that the orders were passed for Fiat India not to Atil Motors since the car has manufacturing defect so they were out of the case.
The Fiat India contested the appeal on 2 grounds (1) they were not heard in District Forum (2) on merit, the car had no manufacturing defect. After hearing all the parties on merit, the State Commission passed its judgment on 09/04/2007 in favour of Ms. Madhubala again and Fiat was asked to refund the car cost with compensation to her as per the orders.
NATIONAL CONSUMER DISPUTES REDRESSAL AT NEW DELHI
PETITION NO- 2556 OF 2007
FIAT INDIA V/S MADHUBALA (RESPONDENT)
MANUFACTURER
PETITIONER
The petition was filed by Fiat India in National Consumer Disputes Redressal at New Delhi. The case was heard in National Consumer Disputes Redressal for 2 years from 12/07/07 to 01/06/2009. Fiat India again stated that they were not heard in District Forum on merits, whereas they were not appeared in District Forum and they heard in State Consumer Dispute Redressal Commission for 2 years. The orders were issued on 01/06/2009 stating that the case will again be heard in District Forum as fresh.
Finally I had to appeal to the Supreme court against the National Commission. The case is with the Honorable Supreme Court of India since then.
My Submission.
1. The case was heard at District Forum initially only when the summons were served to both the parties Atil Auto (Dealer) and FIAT (manufacturer), only one party appeared that is Atil Auto. I contested the matter on my own and argued as a Party. I was not made aware that both have to be heard at the court and that FIAT had not been served properly, the proceeding were carried out and Atil Auto said that the FIAT knows about it, as a consumer how do I know what is right and what is wrong in procedure. The case was heard and the verdict was given in my favour. Instead of paying they filed a petition at the State Commission, which also I conducted myelf. This time the case heard on merits and FIAT argued the entire matter as if there was no manufacturing defect in the car purchased by me. Still they lost and again the Judgment was in my Favor then against that judgment they went to the National Commission and there the whole case was reverted BACK TO THE SQUARE ONE by saying that the Acknowledgment Card did not had the Stamp of the Company, so they were not heard at the District Consumer Forum.
2. I want to know what is my fault as a consumer what was happening all these years?
3. Who was heard and Why???? At all the different levels of court????
IF THIS IS THE OUT COME OF THE JUSTICE GIVEN TO A CONSUMER….THEN I AM SORRY…..”SO JAO GRAHAK SO JAO”….YOU ARE ONLY FALLING FROM FRY PAN TO THE FIRE……IT IS LIKE ANY OTHER CIVIL COURT…..MIGHT IS RIGHT …..CALL A DAY BY SAYING BAD LUCK…..BY THE END OF THE DAY.
YOU WILL BE HAPPIER YOU LOST BECAUSE IT WAS A BAD DEAL…AND NOT UNDER GO FOR YEAR AFTER YEAR….TORTURE/WASTE OF TIME AND MONEY.
I COULD ONLY CHALLIAGE THE JUDGMENT IN THE SUPREME COURT AND AFTER GOING TO THE MEDIATION CENTER FINALLY EVEN THE SUPREME COURT HAS GIVEN THE VERDICT IN MY FAVOUR BY ASKING THEM TO SUMMIT THE CHEQUE OF RS.3LACKS IN MY NAME…..SEE WHAT CAN A CONSUMER DO.
MADHUBALA
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