• Personal issue

Hi
1. I have purchased a car and give for insurance due to an accident. It takes almost 16 days passed away and still I am not able to get the car. I have contacted the executive they first told that it takes 7-10 days to deliver the car and secondly they to it takes 15 days to delivery and now they keep saying that it takes another 10days.
I asked the reason why it was delayed they said, the body parts are got damaged and we are waiting for a new part to replace. 
I have contacted other showroom regarding this issue, they told it takes maximum 15-days to deliver the car on any condition. I noticed that the showroom people itself delaying my car. 
how can I sue this irresponsible person?
2. While I am purchasing the car, I got a loan from HDFC bank and they also provide the insurance for the car. But my showroom people told that the insurance was provided by the showroom only. if you accept for that condition then they are able to deliver the car. If not, they are not allowing me to take the car. And after taking my car I came to know that the insurance people will pay commission to the showroom for purchasing their car. Finally, I took the car with there insurance only.
So, I want to fight for this such that there should be an option for the customer to choose the insurance apart from showroom insurance. How can I do that?
Asked 4 years ago in Civil Law

2 answers received in 30 minutes.

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13 Answers

you cannot be forced to take insurance from the showroom only

2) you have to take third party insurance . it is mandatory but you can take your own decision of the insurance company from whom you take the policy

3)issue legal notice to service center to deliver your car as more than 16 days have passed since car was delivered to them for repairs

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Sir serve the company for the malpractice and delay a legal notice if company takes no appropriate steps file a complaint before the consumer court for the deficiency of the services and the malpractice.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Send a written complaint, with supporting documents, to the insurer’s grievance redressal officer, and get an acknowledgement. Contact details are available on policy document and web sites of the insurer or the Insurance Regulatory and Development Authority (Irda).

Time limit

The insurance company is required to address the complaint within 15 days of its receipt. If it doesn’t, or if you are not satisfied with the response, you can lodge a complaint with the Irda.

Contact Irda

You can either approach the grievance redressal cell of the consumer affairs department of Irda (complaints@irda. gov.in) or by calling on 155255 (or) [deleted], or fill in the complaint registration form available on Irda website.

IGMS

You can also use the Integrated Grievance Management System of Irda to register and monitor the complaint at igms.irda.gov.in. Register by filling out details, and once the complaint is registered, you will be allotted a token reference number.

Ombudsman or civil court

If you are still not satisfied, you can approach the insurance ombudsman or file a civil complaint against the insurer before a civil court.

Points to note

Before approaching the Irda, it is important to lodge a complaint with the relevant insurance company

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

1) legal notice has to be sent through lawyer only

2) you can raise complaint with manufacturer and complain against the dealer for having failed to deliver your car

3) you can inform the service dealer that you would be making arrangement for car insurance on your own . furnish them insurance policy given by your insurance company

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

According to Indian contract 1872 under Supervening impossibility they have to compensate.

Supervening impossibility is the impossibility arising after the formation of a contract. However, this arises at the time when the promisor's performance is due. Such impossibility usually arises due to facts that the promisor had no reason to anticipate and did not contribute to the occurrence of.

2.HDFC BANK WILL INSURE ON YOU NOT ON CAR.

Hemadri Chandrakanth
Advocate, Vijayawada
98 Answers
10 Consultations

4.0 on 5.0

Consumer Rights:

First and foremost - A consumer can buy car insurance policy through any insurance company/Agent/Policy Type (Third Party/ Comprehensive/Zero Debt Policy) of his choice and has no compulsion to buy it through your vehicle dealer - There cannot be a precondition of insurance in any or either way linked with vehicle motor delivery (unless scheme of free insurance running). Ask for information about add on covers, fill up proposal form, read TnC and even keep a photocopy of send proposal form submitting for insurance policy issuance. No manufacturer has given a mandate to dealer to deliver car only when insurance taken from his dealership unless free scheme. For your your other grievance you may go to consumer court claiming damages on the basis of bad service or delay in service.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

You were free to choose your own insurance provide and policy.

After going though your query, I will suggest you to send a legal notice to the workshop which has been dilly dallying the whole matter.

You can send the above legal notice through kanoon.com.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

You were free to choose your own insurance policy and insurer and were not bound to take the insurance being sold by the showroom.

If you cannot afford to pay a lawyer to send this legal notice, you must yourself move a written complaint before the car co(ford/maruti or whatever), the dealer his workshop and showrrom.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

You can file a written complaint before the District Consumer Forum against Showroom and also against Insurance company for delay

Step 1: Draft your Complaint: You have to draft a complaint which states the grievance, cause of action and the relief which you are seeking from the Court. Five signed copies of the complaint need to be submitted to the Forum.

Step 2: Attach Documents: Attach all documents that support your claim. Documents like the bills/invoices, guarantee, warranty certificate, etc. which prove that the purchase has taken place need to be attached.

Step 3: Legal Notice: It is recommended that you have a Legal Notice copy sent to the person defaulting through your lawyer, to ensure that the defaulter knows of your grievances and has the option of settling it out of court, if he so wishes.

Step 3: Court Fees: You need to pay a nominal fee to the appropriate court at the time of filing the complaint, which differs according to the value of your claim.

Step 4: Affidavit: File an Affidavit along with the complaint which states that the facts mentioned in the complaint are true and correct.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Sir this practice of dealer is malpractice and he is liable to pay damages for the same under the consumer protection act if the proof that dealer forced for there insurance the issue can be taken up in the consumer court.

While it would be better if a lawyer draft the notice otherwise you can send the dealer notice for malpractice on sale under the consumer protection act, Mentioning section in notice is not necessary

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. this is an unfair trade practice

2. it is like practising a monopoly and forcing the customer to take insurance only from the company with which the car dealer has a tie up

3. you can address a letter to the competition commission of india

4. you can also write a letter to the IRDA complaining against the practice of the insurance company

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

If the reply is not satisfactory and if you have not got any proper reply or action even after having spoken to manager of the showroom, you may first issue a legal notice to the company with a copy endorsed to the car company's regional office pointing out this lethargic attitude. You may demand an early delivery along with compensation for the delay in rectifying the issue.

2. You can mention about this unfair trade practice also in the legal notice and ask for explanation with compensation.

Later on you may approach consumer forum to get your grievances redressed.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

You can get your grievances for this unfair trade practice redressed through consumer forum.

You do not have to quote sections while sending the legal notice.

It is only when you decide to file a complaint before the consumer forum that you need to mention the section number etc., you may issue the legal notice by yourself also.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

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