• Regarding delivery of RTO passed vehicle

I purchased new car which I have checked in warehouse of dealer and it was in perfect condition at that time.At the time of delivery the car had scratches and dent,two doors were defective (does dont lock properly)so I refused the delivery of car.That car is a RTO passed vehicle number is allotted.Dealer has repaired the faults with out my concern though I have clearly told them I dont want defective car I want to cancel the car want my money back.I sent official mails and complained has been registered with car company but no satisfactory response from dealer and company.
 I will be paying my first EMI of the vehicle after 4 days without having keys of my car. How I can get my money back? Please help considering all legal and government guidelines
Asked 4 years ago in Civil Law

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12 Answers

issue a legal notice through an advocate and file complaint before District consumer forum for Defeiency of service and seek refund along with compensation for mental agony. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1) defects have been rectified by dealer 

 

2) locks of door close properly and dents repaired 

 

3) you would not get new car 

 

4) you can file complaint against manufacturer and dealer before consumer forum and seek replacement of car 

 

 

Ajay Sethi
Advocate, Mumbai
94932 Answers
7574 Consultations

5.0 on 5.0

A complaint case must be filed in the state consumer disputes commission immediately and relief must be sought for deficiency in services and fraud and cheating.

Regards 

Rahul Mishra
Advocate, Lucknow
14091 Answers
65 Consultations

5.0 on 5.0

Hello, 

1) You have to get a legal notice issued to  the vendor and the manufacturer about the defective car and seek refund or replacement of the car. 

2) You should not accept/ acknowledge that you had seen the car intact, but maintain that thou had no opportunity tho inspect the car before the registration was done. 

3) If the legal notice does not produce the desired results, you must file a case before the consumer redressal forum seeking compensation. 

3) Pay the emi and refuse to take delivery. 

S J Mathew
Advocate, Mumbai
3548 Answers
175 Consultations

5.0 on 5.0

  1. File a consumer complaint against the manufacturer and dealer in the consumer Court. 
  2. You would require my services as counsel (Advocate). Hence, I offer my services, but I need an exhaustive consultation session with you first..(nine eight two zero eight nine seven eight eight four)

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1550 Answers
5 Consultations

4.4 on 5.0

You can file consumer complaint and get the same refunded from consumer court

Prashant Nayak
Advocate, Mumbai
32077 Answers
183 Consultations

4.1 on 5.0

Hello,

Send a legal notice to them and thereafter lodge a complaint against them before the consumer forum 

This is the deficiency in service and for which the proper forum is consumer forum to lodge the complaint 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

Do you have enough proof that the car was defective if yes then you may file a case before the Consumer Forum for deficiency in service and return of money , if not then take your case to the company of the car with the dealer in writing and see what reply they give, if they give in negative , then file the case.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

Have you taken pics or video of damages ? File consumer complaint for refund and compensation.

Yogendra Singh Rajawat
Advocate, Jaipur
22671 Answers
31 Consultations

4.4 on 5.0

- The said dealer is responsible for the refund of the Car amount .

- Since, you have already raised this issue before the Company as well , hence, as per The Consumer Rights Act , the Dealer is responsible for the condition of the goods .

- Further, as upon your communication , they turn deaf ear , then , now you should sent him a Legal Notice with the help of any lawyer , and in case not getting refund , file a Complaint case before the Consumer Court for the Deficiency of services . 

- Dont worry, you will get your refund with the cost of legal expenses.

 

Good Luck and dont forget to rating Positively.

Mohammed Shahzad
Advocate, Delhi
13360 Answers
199 Consultations

5.0 on 5.0

Yes you can get your money back.

You need to file a complaint in District consumer redressal forum against the Dealer and Car company for refund of the money paid along with compensation for mental harassment.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

You can file a case before consumer forum dragging the dealer and the car company seeking the desired releif and remedy for the crisis.

You can demand the money paid by cancelling the booking or to replace a new car. 

Let the court decide after hearing both the sides.

 

T Kalaiselvan
Advocate, Vellore
85133 Answers
2216 Consultations

5.0 on 5.0

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