Quote:
Originally Posted by salilpawar1 Guys, I had a good laugh when I read this news in today's papers
A senior citizen from Mumbai filed a lawsuit against GM for advertising their now defunct Chevrolet Forester as an off-road vehicle. He won Rs. 13 lakh as compensation.
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Today's paper had the below article.
80-yr-old Amdavadi wins legal battle against car manufacturer
Ashok Tolat fights GM in Supreme Court without a lawyer; makes it pay him Rs 13 lakh compensation after his Chevrolet Forester, advertised as an SUV, turns out to be a car with limited off-road capabilities
SHRADDHA SINGH
It takes sheer grit to take automobile giant General Motors headon. Never in its 102 years of existence would someone have accused the world’s largest car manufacturer of marketing a car with limited off-road capabilities as an SUV.
A retired businessman from the city did just that. And that too without help from a lawyer. Ashok Tolat, 80, who fought a five-year legal battle with General Motors (I) Private Limited, has finally been granted justice.
A resident of Satellite, this octogenarian dragged GM to court, after he found out that his Chevrolet Forester — advertised as a Sports Utility Vehicle (SUV) with all-terrain capability — turned out to be a huge disappointment.
His car was nowhere close to what they made it look like in the brochure — ‘An SUV to beat all SUVs’.
The Supreme Court in an interim order under Special Leave Petition (SLP) has now directed GM to take back the car that Tolat had bought in 2004, and pay him Rs 12.50 lakh in addition to Rs 50,000 as legal fees.
On Monday, he and his wife Shanta, returned their “jinxed” Chevrolet Forestor to Gallops Motors, the local dealer of General Motors. The couple got the vehicle, that was lying in their garage for three years, towed into the showroom.
After getting the possession receipt from the sales manager of Gallops Motors, an elated Tolat said: “As per the interim order, I need to hand over the car and collect the entire amount of Rs 13 lakh deposited by the appellant before the District Forum. I hope I do not have to face any more hassle in getting the money. Though the case is still on in the apex court, I would want people to learn a lesson from my case and save themselves from unfair trade practices carried out by a reputed companies.”
Sales Manager Sheroy Kalyanwala of Gallops Motors said, “We have completed the formality of handing Ashok Tolat the receipt after receiving the Chevrolet Forestor. Gallops would like to clarify that the car was not bought from us but from the former dealer of General Motors in Ahmedabad.”
TROUBLE TALE
BEFORE BUYING the car, Tolat had gone through brochures which stated that it was an SUV. He paid Rs 14 lakh for it after discount and spent another Rs 2 lakh to do it up. A year later, during the July 2005 deluge in Mumbai, Tolat’s car refused to start.
The first round of repairs was done under warranty. A couple of days later, when it rained heavily, the car broke down once again. “The frequent breakdowns made me wonder about the car’s capability. The dealer told me that the owner’s manual stated that it was a passenger vehicle with limited off-road capabilities. Selling such a car in the name of a SUV was cheating. Its original brochure termed it an SUV,” said Tolat.
Tolat approached the Ahmedabad Consumer Dispute Redressal Forum. In 2006, the forum passed an ex-partia judgment in favour of Tolat asking General Motors to pay him the full value of the car, Rs 5,000 for causing mental agony, Rs 2,000 towards legal fees, Rs 2 lakh for accessories and nine per cent interest.
GM challenged this at the Gujarat State Consumer Disputes Redressal Commission, which while upholding Tolat’s claim, ordered GM to pay a compensation of Rs 50,000. This did not satisfy Tolat who had spent lakhs on the “so-called SUV”.
VICTORY AHEAD
TOLAT APPROACHED the National Consumer Redressal Disputes Commission (NCDRC). But it was not easy for Tolat as he himself had to defend his case both in the NCDRC and the Supreme Court. He said, “I had lost faith in most of the lawyers who were fighting on my behalf. So I decided to defend myself. It was difficult but not impossible for me to understand the Consumer Protection Act and the legal terminologies.”
In December, 2008, NCDRC ordered GM to pay Tolat Rs 12.5 lakh, the depreciated value of the car, and Rs 50,000 towards legal fees.
Chevrolet Forester was introduced in the Indian car market in 2003. The vehicle was discontinued in 2005 and according to sources, just about 200-odd Foresters were sold in the intervening time.
SOURCE :
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