I am a middle class software employee.
Being new car was not in my budget, went with used cars. Bank person came for evaluation and dealer promised me on the car with odo meter 45000+ .
Purchase price Rs.505000 and commission Rs.10100.
I see 20+ cases on the car, traffic violations - before buying I have noted he said he will clear fully.
But my surprise got transfered to my name.
Now no proper response from dealer.
I have come to know the real km should be more than 1,00,000 kms - just for service and repair spent more than Rs.75000.
Had very bad experience in midnight with family in outstation.
I feel financially loss one side and mentally feeling very depressed for the cheating done to customer.
Any suggestions or solutions please.
Asked 1 year ago in Criminal Law from Hyderabad, Telangana
if the documentation is in order, then go to the nearest police station and lodge a cheating case against the dealer immediately. Once this is done, intimate the RTO the entire story that you under went, tell them you are willing to co-operate in the case to the fullest.
Handover the car to the police station and collect a receipt for the same.Future complaints against the car will be avoided and for the past complaints pending on the car you will not be penalized. Produce the receipt as on the date when the car was picked up by you from the car dealer.
If you have to recover all the amounts from the fraudulent car dealer then you may have to file a consumer complaint against his agency in order to recover this amounts with interest and compensation as well.
for any previous cases related to traffic violation you can search through NCRB website. before purchasing there is any agreement to sell was executed or not?
you may issue a legal notice to dealer and claim your compensation, if within the notice period the dealer is not ready to make the payment then file a complaint against him/her before the consumer court or file a civil suit against him/her before civil court and claim damages and compensation.
Feel Free to Call
Advocate, New Delhi
it is general rule that owner shall bear all the dues, fine, revenue challan which were accrued before selling of property. you are not liable to pay it. If odometer is tempered before sell then you have right to file suit for compensation for cheating under section 17 of Indian contract act. cheating is also an offence and you may file FIR concurrently with civil suit. tempering of odometer is easily traceable.
First you should send legal notice to the used car company. After getting a replay from them, you approach the consumer forum for getting a redressal .You have to prove the vehicle is run more than 1,00,000 kms through a mechanical engineer which is against the assurance/statements given by the used car company . You can claim damages and loss from them .
In the case of Traffic violation you should approach the concern authority (RTO)and file an application narrating true facts and requesting them to eliminate your name from paying the default and take the action against previous owners. You have no liability to pay the default(dues,insurance claim to third party,fine occured due to traffic violation ) of previous owners who violated the law. You can also approach the criminal court against used car company if you felt you were cheated from them.
On the basis of the date of purchase/name transfer, you are not liable for the previous offences relating to the vehicle, however you can inform the concerned RTO office about this with an assurance to provide th vehicle for inspection or any other related issues at a later stage, should there be a necessity.
About odo meter correction, you can easily detect the actual corrections and can issue a legal notice to the seller seeking his explanation and also compensation for the damages you have suffered, if this notice fails to invoke any response, he may be dragged to consumer forum seeking necessary reliefs.