• Faulty 4 wheeler sold

I purchased a 4 wheeler on 2nd December 2022 from a well established car dealership (new vehicle). Within a month of the purchase the car is displaying GPS malfunctioning issues which is a basic feature of any car. For one year I’ve raised complaints, sent the car for service, gotten the infotainment and GPS sensors replaced by the dealership - however the problem resolves for a few days or weeks and then back to the same issue. 
I have paid full price for my vehicle (24 Lakhs on road) and facing such a basic problem which is not getting fixed at all. I want to return this vehicle and get a refund. Is this possible? What other legal recourse can I take?
Asked 8 months ago in Consumer Law

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8 Answers

If the problem is not resolved then it is a fit case where you can file case before the consumer forum. 

Devajyoti Barman
Advocate, Kolkata
23151 Answers
506 Consultations

First you need to issue legal Notice and thereafter you can lodge consumer complaint before District Consumer Commission.

Pradeep Bharathipura
Advocate, Bangalore
5607 Answers
337 Consultations

1. Send a legal notice to the dealer to replace the defective vehicle with a new one.

2.  If there's no positive response from the dealer, approach and file a case in the jurisdictional Consumer Court for unfair trade practices being practiced by the dealer.

Shashidhar S. Sastry
Advocate, Bangalore
5324 Answers
327 Consultations

You would not get refund 

 

only court orders to rectify defect within stipulated period 

 

file complaint before consumer forum 

Ajay Sethi
Advocate, Mumbai
96454 Answers
7775 Consultations

If the dealer is not entertaining your issue and is declining to accept your proposal to return the car and refund your money, then you may issue a legal notice demanding replacement of car (which may not be legally possible because the registration is already done) or get it properly serviced so that the problem do not recur or to return your purchase amount.

You can approach consumer distress redressal commission if you do not get a proper response for your approaches/efforts. 

T Kalaiselvan
Advocate, Vellore
86652 Answers
2316 Consultations

Dear Client, 

Within the first 30 days of purchasing any product including a new or used car, that turns out to be defective, you have the legal right to request a complete refund under the Consumer Rights Act of 2015. Additionally, the law protects you from having maintenance and repairs done on your car that make it malfunction.

Hope this answer proves beneficial to you. 

Anik Miu
Advocate, Bangalore
9989 Answers
118 Consultations

- Since, the said car started to give trouble within a month of purchase , then the dealer is bound to refund the entire amount or to replace the same. 

- You can send a legal notice through a lawyer for the refund of the amount 

- If no positive response, then file a complaint before the Consumer Forum for getting refund and to claim compensation for mental harassment. 

Mohammed Shahzad
Advocate, Delhi
14244 Answers
216 Consultations

You can file a consumer complaint against them 

Prashant Nayak
Advocate, Mumbai
32340 Answers
195 Consultations

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