• Replacement or repairing of the car

Sir i have bought a car ( ford aspire diesel) on 26th march 2018. On that day i got accident with the new car by the driver given by dealership. The manager of the dealership said to me , do not lodge FIR N he sent his team n picked the damaged car at night . He promised me that he will give me the car in between 12- 20 days and if i lodge the complaint then the car wont be repaired soon. But now he didnt repair the car after one month and he gave excuse that the car registration no. not issued yet. Sir in this condition what to do . I want the replacement of the car because the accident was done by the dealership driver n car was not registered on that day only temporary registration was given.i want replacement not the repairing of the car so give me advice what to do. I have only photos of the accident n drivers adhar card n call recordings of the manager in which he denied complaining.
Asked 4 months ago in Property Law from Shivpuri, Madhya Pradesh
Religion: Hindu
1) If you have taken delivery of the vehicle you have to accept the repaired car. claim insurance. As offering of drive was a bonafied act. Was driver provided on chargeable basis?

2) If delivery not taken by you in that case you can refuse the delivery and ask for refund of the price paid by you.
Poonam Desai
Advocate, vadodara
5 Answers

Not rated

Hello,

Send a legal notice to the dealer for doing the needful.
If he does not respond to the said notice then file a case before the consumer forum for deficiency of services and unfair trade practices. 

Regards
Anilesh Tewari
Advocate, New Delhi
9968 Answers
133 Consultations

5.0 on 5.0

Sir, since the possession of car was taken by you the dealership wont grant you replacement as there was no manufacturing defect further if the driver was provided on request he was authorised by you to drive the car.

In this case you can issue a legal notice file a police complaint and delay in FIR can be explained by you that they promised to repair to avoid FIR.

also in notice period if you donot get car in perfect condition after notice file a complaint in consumer court for deficiency of services and claim damages and replacement.

Kindly explain the incident does the car after possession or before it had met accident.
Shubham Jhajharia
Advocate, Ahmedabad
5421 Answers
15 Consultations

5.0 on 5.0

Was it simple damage to car or some accident/injury.
now u can file complain,what the deal, Also consumer complain.
Yogendra Singh Rajawat
Advocate, Jaipur
4640 Answers
2 Consultations

4.7 on 5.0

1) file police complaint against driver for rash and negligent driving 

2) file complaint against dealer before consumer forum seek orders to direct builder to repair car 

3) in alternative seek court orders to provide you new car
Ajay Sethi
Advocate, Mumbai
49236 Answers
2936 Consultations

5.0 on 5.0

You can file FIR in the police against the manager and the car company under section 420 and 196.
As you received the car so there must be some insurance at the time of delivery and by not making accident report you will notget the replacement.
Also please inform the car company regarding the incident and ask to replace the car immediately.
And above all you may approach to the consumer forum and claim the new car, legal charges, and compensation from the car company for the inconvenience and mental agony Rs 10 lacs
Vimlesh Prasad Mishra
Advocate, Lucknow
2668 Answers
5 Consultations

4.9 on 5.0

1. You did a herculean mistake by not lodging any written complaint with dealer or the police.
2. Now since the car is still lying with the dealer you may now seek written explanation of delay in delivery.
3. If that doesn't work then you can file a case before the consumer forum seeking either replacement if car or refund of money.
Devajyoti Barman
Advocate, Kolkata
13749 Answers
187 Consultations

5.0 on 5.0

You can do the following:
1. Take the oral evidence and burn it into a CD;
2. Also, make copies of the documentary evidence including the photographs;
3. You should write a personal letter to the dealer and tell him why there is so much delay and you request a new car;
4. Write that "due to no fault of your own, the driver of the dealership damaged the car";
5. If he does not reply in written format, you have to file a complaint against the driver and the dealership person before the police station based on the documentary and oral evidence;
Gowaal Padavi
Advocate, Mumbai
1163 Answers
2 Consultations

5.0 on 5.0

Hello sir, it is advisable to file a complaint before the consumer court for the replacement of a new car..Also file a FIR on the manager for negligence driving..Once the FIR is registered it will be a valid evidence in the complaint before consumer court
Hemant Chaudhary
Advocate, Gurgaon
3465 Answers
15 Consultations

4.9 on 5.0

1. File grievance petition before the local Consumer Court, and claim damages and compensations, for the loss to the Car and your time and business.

2. Complaint about the accident should have been made to the local Police Station, which can be done even now.

Keep Smiling .... Hemant Agarwal
Hemant Agarwal
Advocate, Mumbai
632 Answers
3 Consultations

5.0 on 5.0

There is no question of you waiting for the dealer to give you relief, he will not bother about it even if you put pressure on him at this belated stage.

You first lodge a complaint about this accident with the police, get a FIR registered against the driver and the dealer since he is the employer of the driver.

Then you can issue a legal notice to the dealer demanding your vehicle or the replaced new vehicle.

Drag the car dealer to the consumer court if he is not complying with the demand made.
T Kalaiselvan
Advocate, Vellore
39440 Answers
422 Consultations

5.0 on 5.0

1) If the custody of car is in dealers possession than don't worry. send a email to head office of the company and mentioned you have to got new car delivery yet after paying full payment. and below that mentioned the above accident was huge mistake Company's Driver. or ask for your money back.

2) and mentioned you will be going in consumer forum otherwise.\ if you not got suitable answer.
Ganesh Kadam
Advocate, Pune
3047 Answers
17 Consultations

5.0 on 5.0

Dear Sir,

You are entitled for new car. At least now you can lodge complaint with police explaining the things under which delay was caused. Then send a legal notice to the dealer and the head office and mark a copy to the driver. Then you may approach Consumer Court.
Kishan Dutt Kalaskar
Advocate, Bangalore
2672 Answers
43 Consultations

5.0 on 5.0

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