Old vintage product sold fraudulently
I purchased a Royal Enfield motorcycle on 27Sep2016.
Today (29Sep2016) while going through the insurance papers, I noticed that the "Year of Manufacture" was 2015 and not 2016.
Thus it is a previous/last year model. In another 3 months, it will be 2 years old model.
This impacts impacts its vintage as well as resale.
Secondly, the most important point is, I was NOT informed by the dealer that it is the previous year's model (2015).
I approached the dealer, but they said they can't do anything.
I spoke to the Royal Enfield Area Sales Manager and told him that I purchased a 2016 model, and they should therefore provide me 2016 and not 2015 model. He said the papers have been sent for RC etc, insurance has been done, so it may not be possible to replace it.
My plea is, I went to purchase a 2016 model. The deal was for 2016 model, so why should the dealer impose a 2015 model on me, and that too fraudulently. He could have told me and than I could have decided, either to purchase from them or go to another dealer who had the 2016 model.
What are the options available for me. Please advice.
Asked in Civil Law from Kanpur, Uttar Pradesh
1) file complaint before consumer forum against company and its dealer for unfair trade practices and seek refund of money paid by you with interest
2) if you had ordered 2016 model dealer cannot give 2015 model to you
3) seek compensation for mental torture and litigation costs
This is actionable under both civil as well as criminal law. Since this constitutes the offence of cheating you may file a criminal complaint under section.420 IPC , apart from suing the manufacturer and dealer in the consumer forum for refund of sale consideration with compensation.
If you have the purchase invoice and show room's quotation, offer and delivery challan, you may ascertain the facts by verifying the records given by the company in this regard and to tht of the insurance details s far as the year of model of the vehicle.
You may secure the evidence and after that you can send a legal notice demanding your relie, if the dealer still fails to reply or comply with your demand made, you may drag him to consumer forum for his fraud and also for compensation for the mental tensions you experienced.
You may also expose this issue to the press media including TV media.