• I have taken used car and got cheated

Dear Sir 
i have taken used car from cartrade dealer in hyderbad on 06 dec 2014 here are the details (RITZ VDI 2009 model)
car value 381000 , 27400 cash and 369000 loan from kotak bank now issue is that after taking the vehicle i have found from showroom history and evaluation of car from various dealer that car has meet with many major acciedents many parts has been replaces even engine is damaged second thing is that in loan also that dealer has cheated me by taking more money 
Car was certified by car trade and no details were mentioned regarding the acciedents made 
dealer is channel partner with kotak bank and has cheated in terms of loan with higher rate of intrest and money taken more 
i have made compliant with bank but they are only aggreed regarding the money which has been taken extra from me and dealer is ready to refund that but regarding rate of intrest they denied bcz of no proof ( As i have signed on blank agreement and emi attestaation without knowing exact emi )
but i have complint to bank on same day which car was delivered to me regarding sam 
also car valuation done by bank person at a time of taking and told that car was ok and funded now they are telling that they has nothing to do with car they have funded me on my profile and not on car 
Bank has not provided me copy of aggrement till 4 months after several follow ups and now when i have visited them personally they have given me agrement copy and bank person is not ready to cooperate , now before one day they have inspected the car and he found damaged now bank person is telling tht he can only help me personally for selling car and that extra money 6845 rs will be refunded to me till now i have given 43790 as a 4 installments and 27400 as a cash plus spended nearly 20000 on car from the date of taking but that car is totally damaged , i have complainted to car trade also regarding dealer but no response what legal action can be taken for the case , please help me regarding same if you need any further clarity please send me on [deleted] hoping for your kind help . if this issue is not resolved i will be in big loss and have to die getting mentally harrased due to dealer and bank persons pls help
Asked 10 years ago in Civil Law

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5 Answers

contact a local lawyer . file complaint against car dealer/ kotak bank for deficiency of service . the problem is you have signed on blank papers without even verifying terms of agreement . it is only after going through the documents mentioned by you would it be possible to further advice

Ajay Sethi
Advocate, Mumbai
94712 Answers
7530 Consultations

5.0 on 5.0

file complaint against car dealer for deficiency of service in consumer forum

Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations

4.6 on 5.0

if you have written valuation report of bank that there have been no major accident of the car you have strong case on merits . if you can prove that report was false and bogus and car has been involved in major accidents then report is faulty . dont stop paying EMI . if you stop paying EMI they will take repossession of car and sell it a t a pittance. file complaint before consumer forum as advised

Ajay Sethi
Advocate, Mumbai
94712 Answers
7530 Consultations

5.0 on 5.0

you can also file criminal complaint of cheating , criminal breach of trust against bank and valuer

Ajay Sethi
Advocate, Mumbai
94712 Answers
7530 Consultations

5.0 on 5.0

engage a local lawyer . hand over xerox copies of documents in your possession . he will draft complaint and after your approval file it . basically in complaint facts have to be stated and reliefs claimed . regarding lack of proofs only your local lawyer can guide you

Ajay Sethi
Advocate, Mumbai
94712 Answers
7530 Consultations

5.0 on 5.0

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