A Big Thank You to the Team-BHP family.
The oral arguments which were held on 25th, spilled on to the 26th. Apart from arguing orally, we had also submitted our written arguments on 25th. The Ops lawyer responded once again orally to our written arguments on 26th and claimed :
# That the number of visits to the workshop were untrue.
# That the job-cards were not signed by me.
# That I had repeatedly complained about the same problems just to create a records.
# That I had deliberately and wilfully tarnished the image of Tatas. He claimed that I had harassed their dealer with my earlier car, whose roofing they had replaced because of my insistence.
# That I had parked my vehicle at the Vaahan Yatra Exhibition with derogatory and defamatory statements against the dealer and Tata Motors. He claimed that I had displayed a poster, warning people not to buy any Tata car. That I had tarnished the image of Tata Motors in the presence of the entire International Community that had participated in the exhibition. That, the Police had to intervene and warn us against such acts.
# That they do not deny any repairs that were carried out and are willing even today to set right all the problems.
# That the Hon’ble Forum was not technically qualified to establish the defects of the car, and that a Commission should be set up to establish the same.
# I was a technical minded person, capable of creating and manipulating records to suit my cause.
The
Hon’ble Judge then asked me what I felt about this Technical Commission being set up. He also asked me if I wanted to respond to the OPs arguments if I had not already stated those points in my written arguments. I was waiting for this opportunity and I told the Hon’ble Judge that :
# A Technical Commission would not be needed in the presence of sufficient documentary evidence, and further, that the Opposite Parties ( OP ) are only doing this to delay the matter further. I also expressed my total confidence in the Hon’ble Forum and its Members in their competence to decide my case on the basis of facts submitted to them.
# My acknowledged complaint letters and job-cards wherever made, were proof enough for my visits to workshop.
# Since the same problems arose repeatedly at short intervals I had reported them immediately as and when they were noticed by me. That all my complaints were given in writing as this was specifically mention in the Owner’s Manual (OP) ( Photocopy submitted) hence the OPs cannot accuse me of creating records
# Original job-cards that were submitted by me were my copies, where, my signatures were not required. It was the duty of the Ops to submit their copies of job-cards where I had signed. It was proved that the Ops had not submitted any docs of their own and were relying only on copies submitted by us. I told the Hon’ble Judge that in their affidavits they have denied the replacements and repairs, but accepted it now after perusal of our docs. This was emphatically stated by me that the Ops did not maintain a clear record of my case.
# I accepted that my earlier car’s roofing was repaired by the Ops other dealer as they had themselves damaged it while servicing my car and that they were not doing me a favour by replacing it, and they were doing only what was undone by them. The Ops have been careless, negligent and ‘we don’t care attitude’ in handling my vehicle and I shall not tolerate anyone damaging my car.
# The vehicle was parked at the general public Parking Area of the Vaahan Yatra Exhibition where my family and I had gone as visitors. That I had not displayed any offending, derogatory or defamatory remarks on the Car. That I had displayed only the bare facts of my experience with the car. That I had not displayed any information against Tata Motors or their dealers. Photographs submitted, would be give ample proof of my claim. That, the OP is only trying to mislead and divert the attention of this Forum as this incident is not relevant to my case against them. That, this was done only because the Ops had not responded to any of my letters written to them. That, it was me and not them, who had filed a Police Complaint, against the representatives of the dealers. The copy of the police complaint was also submitted.
# That, after having a complete (and probably shocking) perusal of our documents by the Ops, they have not only accepted but are willing to repair the car even today. I reminded the Hon’ble Judge that 20 months is a sufficient period of time for them to have set right my car. Innumerable visits and opportunities were given to them; instead of replacing my car they even refused to acknowledge the defects; and on the contrary accused me of wrong-doing. I also stated that I had paid a huge amount to purchase this new car and not for a repaired and refitted one. I also reminded him that I could have saved a lot of money by buying a
used car and have these repairs done on that. Further, even when we were agreeable to give the car for repairs after the Vaahan yatra episode, the Ops had refused to give us written assurances that these problems would not recur again and that they were elusive and vague in their answers. I also stated that they went back on their promises made at the meeting. They even refused to put their assurances on paper. That, I have no confidence left in them and do not wish to be associated with them in future.
# That, it was only because of my technical and determined mind that the Ops could not hoodwink me and could be brought to this Forum. That the Ops have tested my patience and were only hoping that I would give up this battle as many others would have, and cursed their fate. I emphatically told him ( almost in tears ) that I am very passionate about my car and I love it as much as my family. That, I pat and kiss my car after a long journey for keeping us safe. When my car takes care of my family and me, isn’t it my duty to take care of it ?
The Hon’ble Judge assured me that each and every document would be scrutanized carefully. He asked me once again, giving me a choice to set up a Commission of my choice( that I could choose any person I wish, who would be technically qualified and impartial )to settle the issue. I expressed my total confidence in the competence and ability of the Hon’ble Forum in deciding this case on the basis of evidence submitted. He was only too happy to conclude the case and
ORDERS are set for 5.05.06. ( not too sure of this date, as I was too emotionally charged to absorb the date ). I shall go to the court again and ascertain the date.
I have done my best and whatever be the outcome of this case, my family and I have thoroughly enjoyed this experience of our battle against Tatas. I was also happy in sharing my experience with you all. I express my deepest appreciation to all the members of team-bhp and specially to those who have actively participated in this thread. Thank you V1p3r and GTO for the
“beginning” and to others who have supported me and encouraged me in taking this case to its logical end.
So long….
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22nd April 2006, 10:12
