LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Shirish Ramtekkar   23 April 2024

Consumer dispute: second-hand car purchase problems and legal action


"I purchased a second-hand car from a dealer in July last year. Within 15 days, the car started having issues. Despite multiple complaints, the dealer only changed the battery and sent the car to a mechanic. After more than 5 months of chasing, the car remains problematic and requires costly repairs. The car has not been transferred to my name yet. I have filed a case in the consumer forum. Who is likely to win this case?"


 11 Replies

T. Kalaiselvan, Advocate (Advocate)     23 April 2024

The consumer commission case will go into the details based on the documentary evidences produced by both the parties and will decide the case on merits.


1 Like

Shirish Ramtekkar   23 April 2024

How long does it take to make the decision? What kind of documentary evidences will make my case strong ? The Car is not yet transferred on my name. 

T. Kalaiselvan, Advocate (Advocate)     23 April 2024

If the car is not transferred to your name then you can ask for refund of your sale amount .

Unless you don't own the car neither you hve proof to prove that you are the owner of the car, the consumer commission may not entertain your claim for compensation.

instead you can issue a legal notice demanding return of money given to him for purchase of car and take back the same 

Dirivng the car without getting the same transferred to your name will always be a risk.

1 Like

Dr. J C Vashista (Advocate )     24 April 2024

Since car is not transferred in your name your consumer complaint is not maintainable.

Ask refund of money paid to dealer and return of car.

1 Like

Shirish Ramtekkar   24 April 2024

We are asking for returning the full amount with interest. It's been more than 9 months now. 2 months back we approached the consumer court. The car is still in his garage as it has faulty gear box. I think the consumer court will take some time to give a decision to make dealer refund all the amount we payed. We asked the dealer to refund but he is not ready to refund. As per him he sold the car and the sales letter is there. So it's not his responsibility if the car has issue now.  

T. Kalaiselvan, Advocate (Advocate)     24 April 2024

Since you have already approached consumer court you may follow it up properly. 

He has to answer before court. 

1 Like

Shirish Ramtekkar   24 April 2024

What is the likelihood of obtaining a refund from a dealer who sold us a defective car that began experiencing issues within the first 15 days? Furthermore, despite paying 5.5 lakhs, the dealer has not transferred ownership, ignored multiple legal notices, and has been unresponsive. Can we also seek compensation for interest and mental harassment? The car remains in the dealer's possession, and our efforts to reclaim the funds have been met with hostility. What factors may sway a judge's decision in favor of refunding the money in this scenario?

T. Kalaiselvan, Advocate (Advocate)     25 April 2024

You were advised to take appropriate legal action for getting your grievances properly redressed. 

One among the remedy is a criminal complaint for the acts of cheating,  threats, intimidation,  breach of trust etc.

You may consult a local advocate and proceed as suggested. 

1 Like

P. Venu (Advocate)     25 April 2024

What is the stand of the opposite party?

Why is it that vehicle transfer has not been completed on RTO records?


Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     25 April 2024

When you file a complaint before the consumer court (or any court) you have to state clearly and completely your case. You have also to state what exactly is your grievance and what exactly is the redemption that you want. Years back the compainant was required to file multiple copies of his complaint. The Forum will send one copy to the Opposite party and require them to file their reply within a stipulated time. After receiving the reply the Forum will send a copy of the same to the Complainant and fix a date for the hearing. On the date of the hearing both the parties have to appear before the court and present and argue their. The case can get closed for judgment or can get adjourned for another date depending on the case and the prayers of the parties. It is very important that you should state completely and exactly what you want. The court will not grant you what you have not asked for. Your success depends on how you draft your complaint. You can claim for reversal of the deal and compensation for losses suffered by you and even for mental agony.

Some fly by night opposite parties play truant and the consumer court is weak in dealing with such cases.

Sudhir Kumar, Advocate (Advocate)     29 April 2024

why the car is not transfereed? did you apply?

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register