• Used car issues

Dear sir,

I purchased a used car on 18th April, 2018 from a dealer of Cartrade. Car was certified as "Excellent" in written from Cartrade but within 30 days the car started giving issues. In the mid of an expressway the car stopped due to engine overheating issues while I was travelling with my family. The authorised Hyundai service dealer after inspecting the car found many issues like car was not serviced since 2014 (4 years) in authorised service center while it before buying I was promised that car was regularly serviced, the radiator of the car was completely choked as if it was not serviced since many years (the written car certification gives - Excellent rating to car radiator). I had to stay in hotel with my family as the car malfunctioned in an unknown city and had to spent more than 30,000 Rupees to change the car parts (I have all the bills and previous spare which were changed). Car still has many issues and after opening the engine the service technician found parts which are not original.

What legal action I can take against the 

1. CARTRADE (MXC Solutions Pvt. Ltd) which certified the car as Excellent - Separate certifications for Engine, Electrical components etc. on physical inspection it was found by Hyundai service engineers that parts were not serviced and duplicate (counterfeit) part were used.
2. GK Automotives which promised that car has been serviced regularly at authorised Hyundai service center. On checking the records it was found that car was not serviced at HSC since 2014.

Please advise.

Thanks in Advance.
Asked 7 months ago in Criminal Law from New Delhi, Delhi
Religion: Hindu

1. Send a legal notice to car trade at the earliest for unfair trade practices and claim refund through the said notice.

2. If they do not respond to the same then file a case in the district consumer forum for unfair trade practices and deficiency in services.

3. Also you can file a FIR against them for cheating and fraud.

regards

Anilesh Tewari
Advocate, New Delhi
13226 Answers
173 Consultations

5.0 on 5.0

File a consumer complaint.

Junaid Ali Khan
Advocate, New Delhi
154 Answers
1 Consultation

4.7 on 5.0

Dear Client,

It`s a clear case of unfair trade practice, issue them legal noitce refund of amount along with expanses borne on car damage, hotel stay along with compensation around 50,000 or more and with the warning to get this seen publish in news paper.

File FIR against both u/s 420, 406 IPC.

Consumer complaint to claim damages and compensation.

Yogendra Singh Rajawat
Advocate, Jaipur
6469 Answers
5 Consultations

4.7 on 5.0

Have they given any warranty letter that is issued by second hand car traders saying that the car is certified and fit to be driven. If they have you can take legal action like filing a consumer complaint against the company for false under unfair trade practice or defect in product. Though the latter can be claimed when you are purchasing new car as such you can file on ground of unfair trade practice and claim for damages from consumer forum. First of all send a legal notice thereafter if they fail to reply or give vague reply. File a consumer complaint.

Swarnarka Chowdhury
Advocate, Mysore
1638 Answers
2 Consultations

5.0 on 5.0

In the present case scenario, you should serve a legal notice to the car seller seeking complete refund as well as damages and interest, owing of their false assurances and promises.

Enclose the copies of service receipts and service report on legal notice.

If they fail to adhere within 15 days of the receipt of legal notice, you can file a complaint in consumer court against Cartrade for deficiency of services and unfair trade practices adopted by them, seeking similar reliefs.

Feel free to call.

Regards.

Siddharth Jain
Advocate, New Delhi
2520 Answers
28 Consultations

5.0 on 5.0

1. This is clear unfair trade practice to lure customers

2. It also amounts to deficient services on the part of the certifying company

3. Issue a legal notice to both companies and claim the expenses you have incurred alongwith interest plus claim damages for mental agony and for fooling customers

4. Also mark the legal notice to police. Let the companies also face criminal action for cheating and defrauding customers

5. If they dont reply then file a consumer complaint

Yusuf Rampurawala
Advocate, Mumbai
2501 Answers
8 Consultations

5.0 on 5.0

File complaint before consumer forum and seek orders to direct car trade to refund your money with interest

2) mention that although car certified as excellent found that car has not serviced regularly

3) rely upon Hyundai service centre reports that parts were duplicate

4) seek litigation costs and compensation for mental torture undergone by you

Ajay Sethi
Advocate, Mumbai
54250 Answers
3257 Consultations

5.0 on 5.0

By producing available documents with you can file FIR against the seller as well as owner of the vehicle besides filing a case before consumer forum claiming damages

Konda Srinivas
Advocate, Hyderabad
208 Answers
1 Consultation

Not rated

You need to file a complaint in the consumer forum hard deficiency in service by Hyundai Motors India Limited providing wrong information and misleading information about the car and claim the compensation from both the parties Car trade India Limited and Hyundai Motor India Limited by making them party

Vimlesh Prasad Mishra
Advocate, Lucknow
3780 Answers
7 Consultations

4.9 on 5.0

Sir, firstly serve car trade with a notice for paying damages, along with the cost incurred in hotel repair, cost of changing counterfeit part used, further for mental harassment caused for deficiency in services and malpractices.

as they have sold a car which was not according to specifications promised and false certification and promise on sale was made.

if the car trade refuses to pay damages and further pay for total repair work of vehicle file a consumer complaint against the car trade for deficiency of service and mal practice. Further claim litigation cost also along with all the damages and the cost.

Shubham Jhajharia
Advocate, Ahmedabad
9457 Answers
31 Consultations

5.0 on 5.0

1) You can file case against dealer in the consumer forum and ask for the compensation. Whatever the false allegations has been mentioned should be booked for your price worth.

Ganesh Kadam
Advocate, Pune
4453 Answers
29 Consultations

5.0 on 5.0

1) You can go in district forum of your city.

Ganesh Kadam
Advocate, Pune
4453 Answers
29 Consultations

5.0 on 5.0

You should send him a Legal notice without wasting any time , stating the mental pain and harrasment which you faced because of the act of CARTRADE company and he is also liable for unfair trade practise, you also file a complaint before the police station for Cheating against him. Keep your bills handy and kindly read the agreement between you and Cartrade. Do they give any warrnaty??

Archit Vasudeva
Advocate, New Delhi
26 Answers

Not rated

You may file a consumer court case seeking return of the car and pay back the entire amount along with compensation.

Jai Bansal
Advocate, New Delhi
198 Answers

5.0 on 5.0

If you have the documentary evidences to prove that the car dealer and the expert's opinion are false and incorrect, you may first issue a legal notice to both the companies mentioning the defects and demand compensation which would include compensation for the mental agony also besides compensation for the repair and other charges.

You may proceed to file a complaint with the consumer forum after that if they fail to comply with the demands made.

T Kalaiselvan
Advocate, Vellore
44215 Answers
504 Consultations

5.0 on 5.0

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