[Resolved]  Advocate — Notice

NOTICE
To,

Lathangi Ford,
#448, Bannerghatta Road
Oppsite IIM – B
Bengaluru – 560076


Sub: Car No. KA 51 P 7086 Ford Fiesta ZXI Petrol
Owner Manmeet Panigrahi.

Sir,

We have instructions from our client Mr. Manmeet Panigrahi to bring to you the aforesaid facts:

(1) Our client had bought the subject car from your dealership manufacturer Ford India, at the time of purchase I was forced to insure my car with IIFCO TOKIO. I was told they are Ford India’s preferred insurer.

(2) Unprecedented rains in Bengaluru on June 10th 2009 led to the breakdown of his car.

(3) The car had knee deep water and my client & his wife were stranded late evening on June 10th 2009. The car had its seat & interiors flooded and substantially damaged. There were fumes from the car engine as well.

(4) You as the authorized dealer reported that apart from other repairs the engine had been damaged & needed overhauling. The car had done three thousand kilometers as on that day.

(5) As the authorized dealer you must be aware of the life of a new sealed engine that has done three thousand kilometers. You must also be aware that changing the connecting rods by opening the engine does not restore the car back to the state it was in before it was damaged. As a responsible dealer instead of advising a replacement of the engine with a new sealed engine you have advised engine repair which is not fair to my client. Your action amounts to deficiency of service making you and your principals Ford India liable under the MRTP Act and the Consumer Protection Act.

(6) It seems that you have not taken your principals Ford India into confidence. We are sure a company of Ford’s repute could not advice in this manner.

(7) It seems your action is tutored by the company IFFCO TOKIO which covered my client’s insurance. This is probably because the insurer wants to give the least amount of money for the repairs. We will deal with the insurer separately, however we feel that your action is not becoming of a dealer of such a highly reputed company like Ford.

(8) We therefore put you a notice to make amends and advice the insurer accordingly so that the engine assembly be changed with a new one forthwith.

(9) We would also indicate the displeasure of our client in your service back up as well as dealing with this crisis. The car had water inside till the 10th day when our clients inspected the car.

(10) The insurer also has been lackadaisical and deficient in their service; making them liable as well as your preferred insurer.

(11) If this is not done within a period of 7 days from receipt of this notice we shall advice our clients to move the Appropriate Forum in New Delhi. You and Ford India shall be liable for the cost & damages.



Truly,



(Sukumar Pattjoshi)