Civil Procedure Code (CPC)

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G.Siva Srinath (HR Executive)     02 January 2015

Car dealers - failed to deliver on time and force to cancel

Dear Team Member,

 This is to bring to your kind notice I have booked DATSUN GO – T Variant on 20-Dec-2014 at Lakshmi Nissan (Dhanalakshmi Automotives India Pvt. Ltd), H.No- 3-5-880, Opp. Old MLA Quarters, Hyderguda, Hyderabad- 29 after taking a test drive on the same day. Mr. MA Qayyum Qureshi and Mr. Purushotham have come for the test drive. The required documents have been submitted and paid Rs. 5000.00 as booking amount and color of the car was kept pending. I have informed them that I want the delivery on 01-01-2015 morning for sure as it is very auspicious day. They said that the vehicles are available in stock and I can get the delivery on 01-01-2015.

Booking details: Mrs. Siva Swapna Ganjikunta (29), Cash Receipts Voucher No.- 28.

On 24-12-2014 evening after meeting Mr. B. Santhosh Chand, Sales Manager and seeing the DATSUN GO (T variant) in Grey color which was at the showroom for delivery to other customer, informed Mr. Santosh to block Grey color vehicle for me and the same has been confirmed by Mr. Santosh. He said that the car is available in the stock yard and he will block the vehicle immediately.

On 30-12-2014 I have received a call from the executive that they have received the Loan approval letter from the Bank and to pay the balance amount. I have visited the showroom on 30-12-2014 evening to pay the balance amount and learnt that the Bronze Grey color DATSUN GO (T) is not available for delivery on 01-01-2015 and White & Red color cars are available. They said to chose from these colors.

I asked them to Kindly apprise me with the facts that when the Grey color car is available in Stock on 24-12-2014 and blocked in my name how can it vanish suddenly. Mr. Santosh says that he can book a car now and I have to bear the additional charges applicable as on that date. I have learned from sources that Mr. Santosh has delivered that car to some other customer for more money who has booked on later dates.

I am very emotionally disturbed for this inconvenient situation. 

Dear all, you are requested advise me on the legal front how to get justice in this matter. How to punish the defaulters. Kindly advise the sections under Law which are applicable in this situation.

Thanks to one and all in advance.

With Regards,


 5 Replies

Dr J C Vashista (Lawyer)     03 January 2015

File a consumer complaint through a local lawyer.

Naveen Kumar (service)     03 January 2015

Whether the Sales Manager has given in writing that you have book grey colour Car, if it is yes then surely you can contest before consumer court, if not they will take the advantage.  Court will ask evidence not any oral assurances.  

MPS RAMANI (Scientist/Engineer)     06 January 2015

Were you buying used car or a new car. In the case of new cars prices are not negotiated. Thus how could he sell at a higher price to a later. You can demand car of the same colour without any increase in price. Or alternatively you can pay the higher price and go to consumer court for refund of the excess amount you have paid. This appears to me to be a trivial case. If I were in your place I would settle the matter with the dealer rather than go to court.

T. Kalaiselvan, Advocate (Advocate)     06 January 2015

What is the evidence you have in your possession about the dealer's promise to sell you the car with the color of your choice?.  If you have evidence in writing or in black and white, you may chose to approach appropriate consumer disputes redressal forum  forum by giving an opportunity to the dealer through a legal notice by which he would arrive t a negotiable platform compromising the issue or else you can very well approach the forum for relief and remedy.

MPS RAMANI (Scientist/Engineer)     08 January 2015

Please also see his terms and conditions. If he had not given a copy of it earlier, or if you did not care to read it and misplaced it get a copy from him again.

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