• Fraud by Ford India - need guidance

I purchased second hand Ford Figo from Vgo Ford, Faridabad on 31st August,2017.
Upon search I had shortlisted the said car because of its year of manufacture, running KM’s and above all Ford’s certification under Ford Assured policy. I got the car rechecked for second opinion after purchase as I felt discomfort while driving. I noticed the following facts:
1. The Fraud started right from the first step i.e. they listed the above car in March,2017 stating the running KM’s of car was approx 14000 wherein the “Service record” report provided by Vgo Ford states that the said car had run for 17606 km in July,15 & 17624 km in Jan,16.
2. As at the time of purchase Vgo Ford did not even present this service record of said car whereas provided this report later. The report has been manipulated by VGo Ford. When I asked for its past record report from Delhi Ford, it had few entries that are not there in the report provided by Vgo Ford that means there has been intentional FRAUD by “Ford Assured”
3. Another fact is that the “Vehicle Enquiry” report of Delhi Ford says that said car had run 22232 km’s in Oct,16 and had some repair work too vide repair order no;06443A-1-1 whereas at the time of purchase by me on 31st Aug,17 the car meter reading was showing 18600 km. Now where this difference has come from that too intentional one.
4. At the time of selling Vgo Ford did not confirm about any accident of said car but had shown accidental repair the customer/vehicle information report provided to me post purchase of car. In fact when I met them on 2nd August,17 with Delhi Ford report, they had confirmed its accident. This clearly means that Vgo Ford team has intentionally fudged the report.
Ford India issued warranty certificate for 1 year at 19090 km reading when actual reading was 18610 km. They charged us Rs.6000 for warranty and receipt shows only Rs. 4500. (I received the receipt after knowing about the fraud). As per Ford Assured policy, every vehicle is supposed to go through 169 quality checks and the company is not giving me the report of the same.
I have all the documentary proofs of my above statements & a video recording of my argument with Vgo Ford. I have contacted their management but there is no satisfactory response and insisting on refund which I reject until I get answers to my grievance.They are in continuous denial of the fraud and are terming it as an error when it is clearly not. I was refraining from going to court but now it seems that is the only recourse. Please advise me whether I should file the case in Consumer court or Criminal court. Is my case strong enough and do I stand a chance of getting justice against this MNC?
Asked 7 years ago in Criminal Law
Religion: Hindu

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5 Answers

You can file complaint against Vigo ford Faridabad for cheating and criminal breach of trust under section 406 , 420 of IPC for having sold you on basis of fudged reports

2) also file complaint before consumer forum and seek refund of money paid by you with interest

3) claim litigation costs and compensation for mental torture undergone by you

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

Hello,

You do stand a chance. It is advised that you gonto the consumee forum for deficiency in the service. You will first have to send them a legal notice and even if they fail to reply to the legal notice then you proceed to file the case.

Please bear in mind that the said process will take time and it might take 1-2 year for the court to decide the case.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

1.This is a clear case of unfair trade practice and deficiency of service.

2. So file a case beofre the consume forum on the basis of the evidences you have.

3.The supporting proofs you have is enough for the forum to ask for return for the vehicle including refund of money along with suitable amount of damages and compensation.

Devajyoti Barman
Advocate, Kolkata
23198 Answers
510 Consultations

Hi, as per your detailed inquiry and findings you can approach consumer forum Faridabad and ask for compensation .. All the above details are a matter of trial and will be produced before court as evidence

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

This is a clear case of deficiency of service to customer by the company.

You first issue a legal notice venting out your grievances and demand the relief you want from the company about this If you dont get a satisfactory reply or the company is denying to comply with the demands made, you may drag them to the consumer forum with your grievances seeking relief, remedy and compensation.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

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