Cancellation of car booking

Sandeep (Querist) 15 June 2016 This query is : Resolved
In April end I booked a Tiago car from local TATA car dealer at Nasik with Rs. 20,000/-. As going to buy a car the person from dealer end came to my home & collected cheque of RS 80,000/-. Also after 5 to 6 days, I went to showroom to check availability of car. There I saw a car is there & I got happy. Same time I gave them a cheque of RS 1,00,000/- & one cheque of Rs. 2,30,623 dated 5th of May for balance amount. Before end of April I gave them Total RS. 2,00,000/- & one post-dated cheque of 2,30,623/- only.
Due to having difficult to manage balance amount I decided to cancel the purchase of car & asked dealer to refund my money back after deducting the RS. 5000/- for cancelation also I collected my post-dated cheque also.
But at this point I had know that they have already invoiced the car & insurance on my name on 23rd of April. Even when I just paid RS. 20,000/-. (Twenty thousand)
Now they are not refunding my money (Rs. 2,00,000/-) back and asking to deposit balance amount & take delivery of the car.
Mean while I bought a second hand car from my relative & I can not buy another new car. Please advise how to deal with this.

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Ajay Bansal (Expert) 16 June 2016
Legally you may file a suit for recovery. But it is better to go for a suitable compromise with the dealer.

Rajendra K Goyal (Expert) 16 June 2016
Try for amicable settlement.

Ask them to go for cancellation of the insurance policy and the invoice. You may agree to reimburse the expenses they have actually incurred.

RAVI K GOUD (Expert) 17 June 2016
You can follow the suggestion of the Mr. Rajendra K Goyal. If it does not work out then go for a legal battle.

advocatepassy@gmail.com 971794 (Expert) 18 June 2016
The company, after taking booking amount, booked the car in your name, got it insured, and invoice in your name. Had you paid the entire amount, the car could be yours. You choose to pay in instalments and also paid them post dated cheque. They trusted you. By cancelling it, you broke the contract. Hence reconciliation on your part by beating of some or full cost would be a better option.