failure of dealer to give RC Book and other original documents like Invoice, RTO Tax receipt etc.
Querist :
Anonymous
(Querist) 19 November 2010
This query is : Resolved
Respected Experts,
A vehicle (Honda Activa) was booked in August,2009 and delivered to the purchaser in October, 2009. However, at the time of delivery the dealer did not give original Invoice, RTO Tax receipt on the pretext that the same will be given when RC Smart Card is ready.
Since RC Smart Card is an important and vital document evidencing the ownership of the vehicle, the purchaser has been following-up for the same for past about one year. However, the dealer refuses to give on one pretext or the other. The purchaser is apprehensive as he is not in the possession of any original documents, though the vehicle with the registration No. is with him.
Kindly guide as to the remedies available to the purchaser.
s.subramanian
(Expert) 19 November 2010
Issue legal notice to the dealer and if not replied positively file a comlaint before the consumer forum.
Khaleel Ahmed Mohammed
(Expert) 19 November 2010
Your query is false. Without original invoice and other documents how can RTA issued RC or Smart Card.
Querist :
Anonymous
(Querist) 20 November 2010
Dear Mr. Khaleel Ahmed,
Kindly do not be in a hurry to be judgemental in denouncing the query as false. I do not know what gave you the impression that original documents like invoice, RTO Tax Receipt etc. do not exist. I do agree that without these, Smart card cannot be issued. But when a new vehicle is purcahsed,the dealer takes the responsibility of getting the smart card and registering,insuring the vehicle.
Therefore, the original documents do exist,(which were retained by the dealer) and were used for getting the registration and the Smart card as well. However, the query is about the dealer's failure and/or refusal to handover the original documents and the smart card to the purchaser of the vehicle. It may also be clarified that no payments are outstanding and the vehilce is already delivered to the purchaser.
Kindly consider the query in the light of the above clarification and enlighten us as to apart from filing a consumer complaint any other remedies are available to the purchaser.
Khaleel Ahmed Mohammed
(Expert) 20 November 2010
Issue a legal notice to the dealer.
This not a consumer dispute,and your problem may not be with in the purview of the consumer protection act 1986.As there is no manufacturing defect in the goods provided by the company or dealer .if the vehicle is defective then it is absolutely consumer dispute.
You are advised to file a complaint to your local police against the dealer in this regard. You may file a civil suit against the dealer for handing over all documents and damages.
