I bought one car on 04-June-2022 from a Lady owner. Her cousin put the car to sell in OLX. I called him and asked whether the car is accident free and he told me Car is completely ok, they are selling the car due to loan problems. As I was in hurry to travel to chennai from Cochin I went to their home on 4th Night itself and bought the car. Before buying it I asked her, her husband and her father that car is accident free rite? and they told yes and we are selling it only because of financial issue. She is working in Panchayath and her husband is working in Army. I trusted their words. Next day I checked the service history and found that the car met with a major accident. They have replaced the front bumper, Hood, Left fender, Dicky etc. So I called this owner and asked whether car met with the accident. She told me that she has told her cousin regarding this and he might forgot to mention it. But the car has not replaced the items mentioned in the service history, She told me that the car has been hit on the right rear side only and the front is clean. There is no problem in it. Car service centre might have replaced those items without her knowledge. She was going to pay the loan amount to cancel the hypothecation. She asked me that she can take the car back if I am having any problem. I told her that I am Ok if the car met with the accident from the rear side. But I need your words that there is not problem from front side. She promised me that car is clean from front and there is no impact. I told her that may be its a scam from the service centre, so I will make a complaint against the service centre and I requested her help on it. And I told her that I can take the car and she can pay the loan amount. Then I checked the car with a mechanic and he told the car seems to be accident free. So I raised a complaint against the service centre and next day I got a call from them and told me that they have the proof and they tried to put the owner lady in the conference call. But at that time she told that she is in a meeting and she cant attend the call. Thats the last time I heard her voice. Then the service centre told me that they have the proof and they are waiting to get the photograph from the Insurance surveyor. Later they shown me that accident photos and I was shocked. Then I made a apology letter to all the heads of the car service centre. Then I tried to called the owner and she didn't attend the call. So I called her cousin and then talked to his father. His father became a mediator and he talked with her. I told him the whole family cheated me. I need at least a compensation of 65K and they are not even giving it. They told me that she can gie 30K like 10K in 3 months. And told me that I can file a case against them. What I need to do ? I have many voice clips of her cousin and his father and some screenshot of her. Car bought for 6.75 Lakhs and I asked for 65K as looking their condition. Do I get the justice ?
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- This showing an offence of cheating and breach of trust , and hence you can file a compliant before the local police against her and said cousin ,
- If no response, then refer the said compliant to the higher police official for lodging an FIR against for the said offence.
If you have documentary evidence that car had met with accident and seller had suppressed material facts then ask seller to refund your money and take back the car
if she refuses file poluce complaint against seller for cheating under section 420 of IPC
The car met with the accident whereas the owner initially suppressed the facts material to purchase the vehicle.
This itself clearly indicates the act of heating.
Now about the compensation?
As the car met with an accident, there should be a case registered with the police, hence did you enquire about the pending police case, as to whether the case is still pending or disposed and the details of the case/FIR.
You cannot transfer the car to your name if the hypo loan has not been discharged by the owner.
Besides you will be unnecessarily called to the police station if there is any case pending.
You may better ask the lady to return the purchase money and take back the car instead of fighting with her for the compensation of paltry amount and suffer with the problematic car forever.
You can issue a legal notice to her if she is not answering your calls .
After that you can initiate legal action through court on further issues.
You cn file cheating complaint against them if you have evidence. You can also file civil case and recover your monies
Dear Client,
you can file a case against them in the consumer court with all the evidences you have and ask for the compensation.
