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Old 5th June 2009, 14:21   #1
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Default Consumer case process in Bangalore (against maruti), and expected results?

Guys

I have been seriously thinking of filing a consumer court case against Maruti for the product Swift, which has inherent rattles. Even the new batches have it, and this clearly shows (as i am about to complete two years, and about 25k+ only) that they are not even hearing to the zillion feedbacks they receive on this from concerned customer.

Now I would like to know how to file this case in Bangalore, in the shortest time possible and what sort of proceedings will be initiated for selling defective cars that cause great agony to drivers to live with such cars which are having silly flaws. I have never filed a consumer case so far, so I am a bit ignorant about the process, about the costs involved and how much this case will stand in court.

I would also appreciate if someone can let me know how many sittings/how long this will take in principle to reach some sort of judgement.

I am trying to gather opinions on this matter. Kindly put forth your thoughts.



Srikanth.
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Old 5th June 2009, 14:25   #2
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I am not sure if you can raise an issue of rattle or something like that, especially in India. If any big issues, you will be pointed to warranty replacement etc. If minor issues, not even that.

Anyway, I am not discouraging. But trying to understand the possibilities.

Good initiative.
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Old 5th June 2009, 14:58   #3
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good initiative to take the manufacturers to task, GTO has posted it somewhere, kindly search on the forum, you will be able to find the contact details of one such person.

Also, not sure if rattle is something which can be taken up, it comes more as a wear and tear and road conditions. (not to discourage you)
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Old 5th June 2009, 15:15   #4
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If your case is on the rattling issues, I am not sure of expected results.
In general, how many car manufacturers in India provide a 'rattle free' car for its consumers? I fear not many. Reason? May be because none has taken the step you have initiated now. May be..

All the very best!
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Old 5th June 2009, 15:46   #5
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I just drove a 2005 swift which was delivered two weeks after launch. There was not a single squeak or a rattle even on rough roads. It looks like the production pressure created by the Swift D has led to a degradation in QC.
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Old 5th June 2009, 15:55   #6
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Great Move : Please visit this URL.

How to file Consumer Complaint in Consumer Forum
Preparing and Filing Consumer Complaint at Consumer Court in India

Try to visit this site on mouth shut .

Consumer written product reviews on Punjab Colleges - Education - Consumer Awareness - MouthShut.com

Last edited by arin_12 : 5th June 2009 at 15:57.
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Old 5th June 2009, 21:13   #7
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DIY litigation is a very bad idea.

As they say, the guy who conduct his own case has an *** for a lawyer.

Even in most "litigant friendly" and "no procedural hassle" forums, you need spend quite some time fighting the case like getting the pleadings (the written matter) right, serving copies on the other side before the hearing, confirming next posting dates - most courts announce next posting date immediately, but you need to confirm what you heard with what is actually actually written, which can be done only in late evenings, or even next day.

And since the presiding officers are very likely to have legal training, they tend to look down upon evidence process which does not conform to the rules laid down in the Indian Evidence Act.

PS:- avoid giving the presiding officers a test drive in your car - chances are they will judge it against vehicles they themselves have used - mostly ambys!!!

Last edited by BaCkSeAtDrIVeR : 5th June 2009 at 21:14.
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Old 5th June 2009, 22:11   #8
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I am quite perplexed. I Don't quite see the point really. When you can spend a small amount - damp everything and live happily - must you go the consumer court way?

I come from the perspective that you have better uses for your time than such cases.

And honestly, you knew of rattles before you bought the car no - you STILL bought it. Why do you now drag Maruti to court? My maruti manual does not mention rattle-free as a warranty item (though my piece has been decent). It would be instructive to see to what extent the court entertains it in the first place!

Point is, why not get over it?
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Old 5th June 2009, 22:35   #9
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Not a good idea at all .
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Old 5th June 2009, 23:00   #10
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Quote:
Originally Posted by GeekSrik View Post
I have been seriously thinking of filing a consumer court case against Maruti for the product Swift, which has inherent rattles.
While you're at it also file a case against the governing body for making horrible roads, which lead to the rattles.
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Old 5th June 2009, 23:04   #11
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Not trying to be offensive here, but while buying Maruti, you get what you pay for. Simple.

Its a known fact that most Marutis rattle and you have those niggling issues. They never claim the highest quality for the cars like "obsessed with quality" tag.

Marutis are brought for low cost of ownership, cheaper maintainence, wider sales, spares and service network, fuel efficiency etc. I am sure you would have considered these factors while purchasing. Rattles are part of the package.

When you pay for a Maruti, we have to be content with a Maruti and not a Honda. Once again, I am not being offensive. Please dont waste your time, money and effort. We are in India.
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Old 6th June 2009, 01:23   #12
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Quote:
Originally Posted by GeekSrik View Post
Guys

I have been seriously thinking of filing a consumer court case against Maruti for the product Swift, which has inherent rattles. Even the new batches have it, and this clearly shows (as i am about to complete two years, and about 25k+ only) that they are not even hearing to the zillion feedbacks they receive on this from concerned customer.

Now I would like to know how to file this case in Bangalore, in the shortest time possible and what sort of proceedings will be initiated for selling defective cars that cause great agony to drivers to live with such cars which are having silly flaws. I have never filed a consumer case so far, so I am a bit ignorant about the process, about the costs involved and how much this case will stand in court.

I would also appreciate if someone can let me know how many sittings/how long this will take in principle to reach some sort of judgement.

I am trying to gather opinions on this matter. Kindly put forth your thoughts.



Srikanth.
While I concede it may be difficult for you to fight a case for something like rattles in India... where awareness of such things is very low, I feel you Idea is most commendable. If more people did such things, it would be very, very difficult for producers to take customers for granted like this.

I speak from personal experience when I say that the cost involved in fighting a case is not at all high. I did this when i was a 1st year college kid. I have fought my own case for 3.5 years, without any lawyers and learnt a lot along the way. In any case you don't have much to loose... as long as you are ready to spend a little time.

However, you will have to be really good at placing your case and arguing. If you aren't so good at this, your chaces of winning will be slim... esp. for a case like this. A lot will also depend on the kind of judges you get.

And let me tell you, if you really decide to do something, the hows and the means will all come to you eventually. Just try to find info about how to register a case online. Also go to the court premises, very likely the procedure will be put up on boards (it was so in the premises where I used to go). You can read books about the Consumer Protection Act too. I had to do all this to bring forth a very strong case.

Don't get discouraged by all the -ve replies in this thread, if you are really serious about seeing this through. Just do it well and don't worry too much about the outcome. Without getting into details, I did not face half the hurdles that have been mentioned here.

If at all you win a case like this, it will set a precedent in India.
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Old 6th June 2009, 08:59   #13
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GeekSirk,

Can you point to one car sold in India which is absolutely perfect ?

No rattles, tank like® build, amazing fuel efficiency, great performance, fantastic A.S.S., spacious, good handling etc. in a single car ? Is there any ?

Why did you buy this car when there was so much information available here already about the rattles ? Why do you overlook so many the positives of the car for one single problem ?

Don't get me wrong, but had it been totally rattle free, you would have complained about some different problem, say, not so great ride quality. Its human nature, we are never satisfied with what we have, but always crib about what we don't.

Get over it man. Or simply, if its too much for you, sell it. No point going to court over this.

P.S. Better still, get a decent ICE

Last edited by DCEite : 6th June 2009 at 09:05.
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Old 6th June 2009, 11:22   #14
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Well Rattling is the most famous demerit (and probably the only demerit) of a car who has so many good merits.

If one wants to buy it, he has to live with rattles.

Thats it.
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Old 6th June 2009, 17:37   #15
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Quote:
I am not sure if you can raise an issue of rattle or something like that, especially in India.
Absolutely. You'd be wasting your time in the consumer courts. Use damping material + turn the ICE up.....No offence, but there's lots more important things in life to spend your time on.
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