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Rajasheker (AE)     28 November 2014

Used car purchase cheating

Hello,

Need help please.

I purchased used Maruthi Swift  8 months back from a private party, 15 days back car was broke down and towed to Maruthi service center. service center people said there is a damage beneath the engine which was fixed in private service center so they can not cover under warranty.

so I called the previous owner to know about the detail and he said there was some damage happend 1 yr back and fixed in private service center and this information was not disclosed by owner during the purchase.

so please let me know that can I lodge a complaint against the first owner from whom I purchased the car to bear the expenses.

Can I approach consumer court ?

Thank you,

Raj

 

 



Learning

 6 Replies


(Guest)

i guess there is nothing could be done now..it is your duty to ask for service records at the time of purchase and verify the same and where it has been done...

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     30 November 2014

Was the car under unexpired warranty of Maruti when you purchased the car? If so you can try in the consumer court against Maruti. The private seller is not covered under the Consumer Protection Act. If he is a used car dealer you can file case against him in the Consumer Court.

T. Kalaiselvan, Advocate (Advocate)     01 December 2014

You have purchased a car from its previous owner, so the responsibility to check the serviceability conditions will be lying on you.  Once you have taken delivery after paying full consideration amount, the previous owner's liability extinguished.  You cannot claim any damages against him afterwards.

Rajasheker (AE)     02 December 2014

Originally posted by : Dr. MPS RAMANI Ph.D.[Tech]
Was the car under unexpired warranty of Maruti when you purchased the car? If so you can try in the consumer court against Maruti. The private seller is not covered under the Consumer Protection Act. If he is a used car dealer you can file case against him in the Consumer Court.

Hello,

thanks for the response , yes car is under Marithi warranty but showroom people are refusing to cover the repair under the warranty as there was some physical damage happend. is there any way to file the case in consumer court. please suggest

Thanks,

Raj

Rajasheker (AE)     02 December 2014

Originally posted by : T. Kalaiselvan, Advocate

You have purchased a car from its previous owner, so the responsibility to check the serviceability conditions will be lying on you.  Once you have taken delivery after paying full consideration amount, the previous owner's liability extinguished.  You cannot claim any damages against him afterwards.

Hello,

 

Thanks for the reply, this is very helpful. but is there any way to get the damage covered from previous owner in consumer court or civil court.

Can I approach local police and file an case against the chetaing.

Thanks,

Raj

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     02 December 2014

It is the policy of Maruti that if ownership is transferred when the vehicle is still under warranty, the warranty for the unexpired period also gets transferred. Any damage due to accident etc. are not covered under the warranty. Warranty is against manufacturing defects. If vehicle gets damaged due to, say, an accident and thereafter the vehicle fails due to manufacturing defect of another part, the repair should still be covered under the warranty terms unless Maruti could prove that the failure was partly or completely due to the previous damage. In order to determine this you have to give us here the technical details of what exactly was the first damage and what was the reason for its present failure. The vehicle was towed to the workshop. Was it repaired or did you take delivery of the vehicle without repairs due to the dispute? You must get a technical reply from the workshop and if you have a case you must first write to Maruti direct. They will contact the workshop direct and get a report and then give you a reply. Your case will depend on their final reply. Anyway no opinion can be expressed here without knowing the details, particularly the technical details.

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