you would not be able to obtain any compensation from manufacturer and dealer
2) there is no manufacturing defect in the car
What is worth filing a case and where
Hi, I happened to buy a car paying 11 lakhs +. Within 2 weeks of it, a new version of the car is released and I am at loss w.r.t resale and all the feature additions. The Manufacturer and his dealer didnt disclose the information (of the upcoming release), which ofcourse I asked for during my purchase. I am loss and Manufacturer is not responding. What are my leagal options? Please let me know.
Asked 6 years ago in Civil Law
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13 Answers
Thanks, Does it not amount to cheating as I have explicitly asked about upcoming release (which every customer would likely do). I was told there was no release in near future. I would have definitely postponed by buy had I known the information. There is a definite loss from my perspective. Consumer right doesnt seem to have been protected.
Asked 6 years ago
do you have any written communication with the dealer or manufacturer in this regard
2) it is your word against his
3) if you have any evidence then file complaint against dealer and manufacturer
Thanks again, but you might agree there would no customer who will try to get a record of Dealer's statement. It would be definitely go with word in normal course of action. If I had any doubt on what Dealer claimed, then I would not have bought the car itself isnot it? Usual/Normal practice I have seen is Dealer/Manufacturer offer discount on a out going car instead of hiding such information. I know this might be remote case, but is my case really hopeless :( I am sure there would be many buyers in same shoes. Please advise.
Asked 6 years ago
frankly you dont have any evidence that manufacturer/ dealer has intentions to deceive you
2) you need to prove allegations made in your complaint
3) you would be wasting time and money on legal fees
this appears to be an unfair trade practice on the part of the dealer
if you had specifically asked him about release of a new version in near feature of the car model, you intended to buy, you would have definitely delayed your purchase
as the model which was sold to you became outdated on the release of the newer version, about which no information was disclosed to you, despite asking specifically, it is clear that the dealer wanted to clear his stock by suppressing material information from you
please issue the dealer a legal notice followed by filing a consumer complaint for employing unfair trade practice by pushing to you their car of old version such that its cleared from their stock and such that the dealer would succeed in pocketing his profits by concealing vital information from the buyer
Not disclosing new version dose not amounts to unfair trade practice. It was verbal communication, nothing in written.
IF dealer agree in written that intently failed to inform about new version, than you may have chance.
See not disclosing the new model , you don't have any legal remedy against same as there will be no strong proof of same as you agreed for the purchase and dealer can successfully defend such claim.
You can try filing consumer complaint in the said case but I don't think not informing you the release of new version car can lead to deficiency of service.
Dear Sir,
Just get issue a legal notice and file consumer case and you can also file private complaint for making you to believe their words and not disclosed about new version car. You have a strong case to go forward.
The basic principle applies in your cases the buyers beware you must I have completed your homework before buying the car as the dealer is not bound to inform you about the new releases and cannot be blamed for cheating
How can you hold the manufacturer or the dealer responsible for your act of casualness.
This is not the duty of them to inform yo about the future releases, it was on your interest that you should have become aware of all such events by yourself through your own sources.
You cannot initiate any legal action against them for this reason.
There is no consumer rights involved in this act of not informing you about the future release of new version by the company to you.
If at all there is any defect in this car or deficiency in their service pertaining to this purchase, you have rights to drag them to consumer forum to get your grievances redressed.
In my opinion you may be wasting your time, energy and money if you pursue this matter any further.
Any action you would desire to pursue in this matter may not fetch you any fruitful result.
You will be ultimately more disappointed after waging a toothless legal battle.
If you think it wisely you may decide to ignore this subject and move on with your other routine work.
No it is not worth filing the case on this ground you should have gathered the knowledge from internet before proceeding for the purchase of older version of car.
