Consumer Protection Act

bhavin (Querist) 03 May 2010 This query is : Resolved
My query is as under:
Mr.A is a Purchaser of "car",
"B" is a dealer and "C" is a financer.
"A" is a defualter of "C".
now A has filed a Consumer Complaint against "C"-Financer and prayed that, car is not working properly since the begining,hence i am not going to pay any installments further. whether such complaint is maintainable or not?

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Krishnamurthy Ramdas Iyer (Expert) 03 May 2010
no
Consumer Protection Act is for deficency in service or goods.
Financier has only given finance and is not seller or any service provider guaranting quality of sevice or goods

Kiran Kumar (Expert) 03 May 2010
I agree with Mr. Iyer, the complaint is frivolous one and liable to be dismissed with costs.

finance company just provided money to enable buyer to buy a car otherwise he is no where concerned with manufacturer or dealer.

Guest (Expert) 03 May 2010
It is quite possible that if the financing firm is a sister concern of the car dealer-company, who did not do good service for the car. It shall also be proved that you have sufficient money to pay off the instalments and you don't take undue advantage of the problem in the car. You may also file an application for expert opinion of the problem in the car and implead the car dealer in the complaint, if not done earlier.

Adinath@Avinash Patil (Expert) 04 May 2010
I AGREE WITH IYER.

inspector legal metrology(weights and measures) (Expert) 04 May 2010
NO. FINANCER CAN NOT BE HELD RESPONSIBLE FOR DEFICIENCY IN QUALITY OF CAR. YOU MAY PROCEED AGAINST DEALER / MANUFACTURER ONLY

J. P. Shah (Expert) 04 May 2010
Financier cannot be held responsible for defect in goods purchased on finance.

Guest (Expert) 04 May 2010
KINDLY NOTE THAT WE HAD FILED SIMILAR COMPLAINT TO THE CONSUMER COURT AND MADE DELER AND FINANCER AS PARTIES.

IN SUCH CASES THOUGH DEALER IS RESPONSIBLE TO REPLACE THE VEHICLE DUE TO MANUFACTURING DEFECT.THE RESPONSIBILITY IS OF DEALER TO REPLACE THE SAME.

AS FAR AS FINANCER IS CONCERNED THOUGH TECHNICALY THEY ARE RIGHT, THE COURT WILL PASS A STAY ORDER FOR SALE ,TRANSFER OF VEHICLE.HENCE IT IS ADVISIBLE TO FILE DETAILED SAY IN THE COURT CLARIFYING THE POSITION OF THE FINANCER.BECAUSE FINANCER HAS MADE PAYMENT TO THE DEALER OF FULL AMOUNT OF VEHICLE HENCE DEALER IS NECESSARY PARTY TO THE MATTER AND IF NOT ADDED THEN APPLICATION SHOULD BE SUBMITED TO ADD THE DEALER AS A PARTY.

FINANCER SHOULD TACKLE THE MATTER CAREFULLY TO SAFEGUARD THE INTEREST OF FINANCE CO.

IN CASE ANY URGENT HELP IS REQUIRED KINDLY SEND DETAILS OR WRITE OR CALL.
THANKS.

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