After 6 years of working in Courts, the owner of a Jeep Cherokee Limited, which was burned down by a factory failure, managed to have the Justice sentenced the company Fiat Chrysler Automobile (FCA) from Argentina to deliver as compensation a zero kilometer vehicle from the Same model, but the firm intends to deliver a vehicle with a lower price and equipment, claiming that this model is not available in Argentina.
The story begins on February 12, 2013, with a normal trip, on route 35, kilometer 576 (near the Cordovan city of Huinca Renancó). Everything seemed to go smoothly until the Jeep Cherokee Limited with less than two months of use, and within the factory warranty, starts to catch fire. From there, Sergio Raúl Riestra, the owner of that vehicle, had to litigate for 6 years to achieve a sentence that imposed on FCA the delivery of a vehicle equal to the burned, but zero kilometer, plus the payment of compensation, costs and fee.
The two tests carried out on the vehicle (in Córdoba and Buenos Aires) were coincident: the incident was caused by a factory failure. On August 28 of last year, Commercial Court Number 6, Registry 11 ruled in favor of Riestra. And a few days ago, the Commercial Chamber ratified the ruling, which is why it was final and without the right of appeal by Fiat Chrysler.
However, the firm’s Legal department has not yet complied with the judicial mandate, arguing that since this model is no longer available in Argentina, it cannot be delivered to the injured customer, and they offer one of lower quality, value and equipment, when the stipulated by the uses and customs, as well as by the jurisprudence, indicate that before the impossibility of replacing a determined good, the sentenced person (in this case FCA), must deliver a good of superior value, not inferior.