Fraud in case of purchase of second hand vehicles

jaideep (Querist) 09 December 2020 This query is : Resolved
dear expert my friend has made an agreement of purchase of second hand "Activa" from auto dealer, At the time of agreement he has not disclosed the material facts of the vehicles that there is some problem in engine and it need require work in that engine ,and told that everything is perfect i will take responsibility and on his words after seeing the outer body and one small test drive ,my friend decided to purchase the vehicle and paid 90% amount and rest 10% after 2-3 days after satisfying with the condition of vehicles but ,the very next day vehicles not started after various attempt ,then he decided to inform the dealer and then drag the vehicles to authorized service center where he come to know that ACTIVA engine is almost full damage and it involves lots of expenses ,then he called the auto dealer and said him to collect activa from service workshop decided to cancel the deal and asked for refund because RC is also not transferred and condition of agreement is also not fulfilled, simply dealer has not disclosed the facts and now he is refusing to give money ,physical possession of vehicle is also with him, from the very next day,money is also with him, and not even RC has been signed, almost one month has been passed now my question is that , what legal action we can do to safeguard our interest

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A friend purchased a second-hand Activa from a dealer who failed to disclose significant engine damage. After paying a substantial amount, the vehicle broke down the next day, revealing the extent of the problem. The dealer is now refusing a refund or to take back the vehicle, despite the RC not being transferred and the agreement's terms being unfulfilled. This situation calls for legal action, with suggestions including amicable settlement, approaching the consumer forum, consulting a local advocate, or lodging a criminal complaint for fraud and cheating.

Guest (Expert) 09 December 2020
Amicably sorting out would be the Right Solution.

kavksatyanarayana (Expert) 09 December 2020
Yes. Try to an amicable settlement. If you go to court it will take a long time.

Rajendra K Goyal (Expert) 10 December 2020
Approach consumer forum against the true owner and the dealer. Discuss with local Advocate.

May lodge criminal complaint for fraud and cheating.

P. Venu (Expert) 10 December 2020
Any suggestion depends upon the terms of the written agreement, if any. Please note that there are inherent constraints in purchasing a second hand vehicle.

Dr J C Vashista (Expert) 11 December 2020
I agree with experts, move to consumer commission for deficiency of service if your friend is unable sort out the dispute amicably.

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