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Old 15th September 2012, 13:36   #1
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Default Paid for Duster 110. GenNext Motors gave us a Duster 85 instead. EDIT : Solved (Pg 2)

We would like to draw the attention of the forum members to the gross fraud, cheating, negligence and intimidation being perpetrated by Renault's Company's Dealership GenNext Motors, Navi Mumbai against us, which has left us frustrated, helpless and stranded and with no option but to go to Consumer Court against the company and it's dealership.

Earlier in this year, we had purchased a Renault Fluence E2 in our company for one of our Directors, and were very happy with the car. Hence when we came to know of Renault'sintention to launch the Duster we were very keen to buy the Renault Duster. Accordingly we informed the dealership Gen Next Motors Ltd to let us know when the booking for the Duster starts.

On 20th June 2012, the sales executive from Gen Next Motors called to inform us that the Duster booking had started and that we could book the car with a initial deposit of Rs. 50,000/-. We immediately sent a booking cheque of Rs. 50,000/- and booked the car in the name of a Director of our company. We also recommeded the car to our close friend and associate who also booked the Duster with the same dealership just before the launch of the car on 4th July 2012.

After the launch on 4th July 2012, we visited the showroom and were completely ignored by the Sales Executives who were more interested in selling the car to new buyers and as we had already booked the car, they were least interested in offering us a test drive. After a lot of persuasion the executives relented and arranged a 400metre test drive for us. The test drive was for the 110 RXZ model only. Since we weren't sure on which model to choose out of the options, we requested for a test drive of the 85 PS model. The Manager hinted that they wouldn't get the car for perhaps weeks, and if we wanted to book the 85PS model, we would have to book the car without a test drive.

At the time of this visit, when the dealership was flooded with bookings, the Manager hinted at us that by paying a “premium” and full money upfront he could arrange an early delivery for our car. We were clearly not interested in paying any kind of premium in cash, and hence refused to accept the offer. We informed the Dealership that once they confirm the delivery date of the model we choose, we shall immediately make the entire payment for the car.

We called the dealership a couple of times through the next week to check if they had got the 85PS model for a test drive they confirmed in the negative and kept forcing us to make a decision on the model we want without test driving them. Since we hadn't had a chance to test drive the 85PS model, we chose to book the 110PS RXL model which came with ABS and other safety features.

After this we were in constant follow up for the delivery of the car, and the dealership kept ignoring us, and not letting us know of when the car could be delivered. Finally during the second week of August 2012, the dealership called to inform us that the 110PS RXL car in white color that we had chosen was finally allotted to us, and that we should make immediate payments for the car or they would allot the car to someone else.

The Dealership sent us the Proforma Invoice for the 110PS RXL model car and we immediately processed our Bank Loan for the same car model and had an amount of 4,34,500/- disbursed to Gen Next Motors on 17/08/2012. (See Annexure III for Delivery Order mentioning Car details as 110PS RXL)

Also on 22nd August 2012 we issued a Cheque of Rs. 6,50,000/- to Gen Next Motors and they gave us a Reciept for the same mentioning the details of the car booked by us as a 110PS RXL model.

Further to this there was a dispute with the Dealer in regards to the followingg
1.The Insurance of the Vehicle: The Dealer insisted on us buying the Insurance of the Vehicle from them, but the quote that they gave us for Zero Dep Insurance was Rs. 47,032/-, while as we were quoted an Insurance Premium by other Insurance Agents for Rs. 29,500/- only. The difference in premiums was more than Rs. 17,500/- and hence wanted to get the Insurance done by ourselves. The Dealer keep insisting that WE HAVE to take the policy from them only, else they would not release the car to us. After a lot of haggling, they agreed to let us do the insurance ourselves. This entire experience left a very sour feeling in our mouth and made us realise the levels to which the dealer would go to fleece customers.
2.The Registration Charges of the Vehicle: From our calculations the Registration Charges of the Vehicle was amounting to Rs. 1,25,631/- but the Dealer in his Proforma Invoice had quoted 1,33,131/- for the same which was nearly 7,500/- more than the actuals. We suggested that we do the registration of the vehicle by ourselves but the Dealers wouldn't even talk to us about it.
3.Depot Charges: We were aware of the recent Delhi High Court Order banning dealers from charging Depot Charges from buyer of vehicles and bought the same to the notice of the Dealer who then threatened us that if we do not pay the Depot Charges they will not give us the vehicle and would allot the vehicle to someone else. This intimidation tactic of the Dealer was completely uncalled for, and we could do nothing about the same.

Further to this we made the last payment of Rs. 52,460/- vide cheque dated 24/08/2012, and got a reciept for the same. The Dealer confirmed delivery of the vehicle on 4th September 2012 after our request as this was an auspicious day for us. We got the Insurance Cover Note issued on 30/08/2012, as instrucuted to us by the dealership. Also since we wanted a special number for our car, we got the same blocked in the RTO and gave the reciept of the same to the Dealership.

On 4th September 2012, we reached for the Delivery of the Vehicle, and after making us wait for for 3hrs the dealer informed that the car was not yet registered, and the dealer simply put the number plate and gave us the car. The delivery process was extremely hurried with the dealer's sole intention being to get us out of the Dealership as quickly as possible. They gave us the Tax Invoice for the 110RXL car, and also the debit note for the Registration and Depot Charges.

After delivery and the pooja that we carried out on the car, we took the car out for a drive, and felt the car very underpowered from what we had experienced. Also the car had only 5 forward gears unlike the 6 forward gears in the Test Drive Vehicle. We called up the dealership and enquired about how the car had only 5 gears, to which the Sales Executive replied saying that only the top of the line model the RXZ had 6gears.

We found this hard to believe and hence checked up the same in the brochure and the online specsheets on the Renault India website. This is when we realised that the Dealer had given us a 85PS RXL Duster and since there was no visual differentiation between that and the 110PS RXL, they were tricking us into taking the lower model car. The 85PS RXL car was a lot cheaper than that 110PS RXL.

We immediately bought this to the attention of the Dealership and they couldn't care to respond. We soon made a trip back to the Dealership and met the General Manager, Mr. Robert there, who said he would sort out the issue on an urgent basis. Past that meeting, he refuses to attend any calls from us. The dealership has also turned a blind eye on the problem, and isn't giving us any definite solution to the problem or committing on how they would resolve the issue.

The dealership is clearly involved in practices which amounts to fraud and cheating. We are frankly very irritated by this entire experience and feel we can find recourse only through the Consumer Court.
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Old 15th September 2012, 14:13   #2
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Default re: Paid for Duster 110. GenNext Motors gave us a Duster 85 instead. EDIT : Solved (Pg 2)

Why consumer court? You can file a FIR on grounds of cheating, since they have not given you what they have charged for? Does your invoice and price they have charged you indicate that its for the 110 PS model? Also, is there any way for you to confirm that it is a 85 PS model?
If so, rush to your nearest police station and file a FIR.
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Old 15th September 2012, 14:17   #3
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Default re: Paid for Duster 110. GenNext Motors gave us a Duster 85 instead. EDIT : Solved (Pg 2)

This is truely a case of fraud and cheating done in bad taste to earn more money. The first thing to do is file an FIR with the police station and proceed with the consumer court. I would also suggest you take this matter to the press and auto Magazines like Autocar India.

Last edited by speedy : 15th September 2012 at 14:19.
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Old 15th September 2012, 14:32   #4
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Default Re: Paid for Duster 110. Renault Dealer (GenNext Motors) gave us a Duster 85 instead!

Quote:
Originally Posted by mohandasnikhil View Post
We would like to draw the attention of the forum members to the gross fraud, cheating, negligence and intimidation being perpetrated by Renault's Company's Dealership GenNext Motors, Navi Mumbai against us, which has left us frustrated, helpless and stranded and with no option but to go to Consumer Court against the company and it's dealership.
Quote:
Originally Posted by speedy View Post
This is truely a case of fraud and cheating done in bad taste to earn more money. The first thing to do is file an FIR with the police station and proceed with the consumer court. I would also suggest you take this matter to the press and auto Magazines like Autocar India.

If the bill says 110 and they were delivered 85, then this a case of cheating (section 415, and probably 420), and this is not a consumer court case. If the delivery note and other documents mention a 110 then this is also a case of theft. Since the dealer is responsible for getting the temp registration of the vehicle, if those papers are wrong then the dealer also deceived the RTO and also is probably guilty of conspiracy charges.

A police FIR is a must and the copy of that must be sent to Renault Nissan as well.



Get the opinion of a lawyer immediately and after registering a FIR send legal notices to both the dealership and Nissan - you may not have a case against Nissan, but once Nissan legal department gets a threat of lawsuit they are going to make life hell for the dealer.

Last edited by vina : 15th September 2012 at 14:34.
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Old 15th September 2012, 14:33   #5
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Default Re: Paid for Duster 110. Renault Dealer (GenNext Motors) gave us a Duster 85 instead!

Yes all our Reciepts show the car as a 110PS RXL. We also paid the total amount for a 110PS RXL
The car delivered to us has a 5speed gearbox like the 85PS car and unlike the 6speed gearbox in the 110PS.
I have sent a mail market to Marc Nassif (M.D), Vivek Balasubrmaniam (Marketing Head) and Ganesh Rasal (Regional Manager - West) with the entire content. Have also CCed it to all leading Automobile Publications. Autocar India immediately got back saying they would take the case up with Renault.
Further to all this Ganesh Rasal called me and informed that they would deliver the new registered car today (i.e within 1 day) and also give back the extra Depot and Registration Charges.
The same promise was made to us by the Dealership GM last week as well, but then he just stopped taking our calls.

Last edited by mohandasnikhil : 15th September 2012 at 14:35.
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Old 15th September 2012, 14:39   #6
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Default Re: Paid for Duster 110. Renault Dealer (GenNext Motors) gave us a Duster 85 instead!

Quote:
Originally Posted by mohandasnikhil View Post
...
Further to all this Ganesh Rasal called me and informed that they would deliver the new registered car today (i.e within 1 day) and also give back the extra Depot and Registration Charges.
The same promise was made to us by the Dealership GM last week as well, but then he just stopped taking our calls.
You should still talk to a lawyer and get a declaration from Nissan and the dealership in writing that the "mistake" happened entirely on their part.

At the moment they may have severe civil and criminal liabilities up their behind, but once the dust settles (e.g. one year from now on any warranty claims) they may trouble you because someone forgot to update their CRM software.

Also dealing through a lawyer will ensure that they track it and call you, rather than the other way around. Your company's lawyers can handle it.
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Old 15th September 2012, 14:42   #7
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Default Re: Paid for Duster 110. Renault Dealer (GenNext Motors) gave us a Duster 85 instead!

I don't think you could go to two legal fora at the same instance.

You have a discussion with the lawyers who you have on your company's panel, and find out the best recourse, though, prima facie it appears a case of cheating/fraud/theft.

I suppose you must approach the consumer forum for an appropriate compensation for the harassment, the fraudulent dealing, the immense mental pain and agony, the loss, pecuniary as well as of time, and in the petition, request the consumer forum to award, in addition to the compensation, the privilege of filing a criminal case in a court of law. That way, you will have a fast redressal of your complaint, and compensation, in all likelihood, to your satisfaction and a right to approach the court of law to punish and give them a lesson not to fool around with any other customer.

Last edited by deepfusion : 15th September 2012 at 14:45.
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Old 15th September 2012, 14:48   #8
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Default Re: Paid for Duster 110. Renault Dealer (GenNext Motors) gave us a Duster 85 instead!

Caveat emptor

This probably (yet again) highlights the need for a thorough PDI on the part of the customer. India being what it is, enforcement of law and redress is both lengthy and a hit-or-miss.

But that apart, please slam both the dealer and Renault with cheating cases - they have defrauded you and the Government (RTO). Rope in a good lawyer, pull out your phone book and see if you have senior police officers in your contacts, and speak to the RTO as well. Once they become a plaintiff in this case, Renault and the dealer will find it very very difficult to extricate themselves.

All the best. And please don't hate the Duster because the dealer is so crap. It is a really good product.
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Old 15th September 2012, 14:50   #9
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Default Re: Paid for Duster 110. Renault Dealer (GenNext Motors) gave us a Duster 85 instead!

This is clearly a fraud if all your invoices and receipts mention 110PS model.
Can you post the scanned copied of the same?

But, I am really surprized on how you drove out of the showroom without checking the model you were given - especially the gear box!! If the gear level was marked only for 5 fwd and 1 reverse, you should have simply walked away even without starting the car...
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Old 15th September 2012, 14:50   #10
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Default Re: Paid for Duster 110. Renault Dealer (GenNext Motors) gave us a Duster 85 instead!

^+1 to that.
File an FIR asap. Take these guys to Police. If I am right this is the company bought vehicle. If so then do not worry about long legal process. Put your company lawyers in work. Make them handle all the communication. Do not let these guys off the hook.
You have the evidence. This cannot be a mistake.
No one can do all the lengthy paper works involving the VIN, Chassis number etc etc without noticing that this is 85PS and not 110PS.

You have a bullet proof case here unless there is other side of the story which you have not shared with us.

PS: I am surprised that even after such a shoddy treatment and repeated threats of allocating the car to someone else, you stuck with the Dealership. Patience is the key. You could have let the dust settle and then bought.
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Old 15th September 2012, 14:54   #11
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Default Re: Paid for Duster 110. Renault Dealer (GenNext Motors) gave us a Duster 85 instead!

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Originally Posted by KiloAlpha View Post
Caveat emptor

But that apart, please slam both the dealer and Renault with cheating cases - they have defrauded you and the Government (RTO). Rope in a good lawyer, pull out your phone book and see if you have senior police officers in your contacts, and speak to the RTO as well.
I have been in touch with the Renault India team directly now since yesterday evening and they seem to be more cooperative. I have categorically informed them that I will not talk to the Dealership or their personal.
Being in the Real Estate field our lawyers deal mostly with property and contract law, and are also extremely busy. Hence haven't yet troubled them. If the problem isn't resolved today then will have to involve them. The perks of being in the Real Estate sector are that Senior PIs figure a lot in your phonebook
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Old 15th September 2012, 14:55   #12
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Default Re: Paid for Duster 110. Renault Dealer (GenNext Motors) gave us a Duster 85 instead!

File a criminal case and make the highest authority like the MD Marc Nassif of renault india as the main party. When the summons will reach and the MD would have to attend the court, they would rush for a decent out of court settlement.
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Old 15th September 2012, 15:03   #13
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Default Re: Paid for Duster 110. Renault Dealer (GenNext Motors) gave us a Duster 85 instead!

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Originally Posted by anandpadhye View Post
This is clearly a fraud if all your invoices and receipts mention 110PS model.
Can you post the scanned copied of the same?

But, I am really surprized on how you drove out of the showroom without checking the model you were given - especially the gear box!! If the gear level was marked only for 5 fwd and 1 reverse, you should have simply walked away even without starting the car...
My colleague took delivery of the vehicle, and since he had never seen the RXL version it didnt strike him as anything off.
GenNext Motors (Sumit Gupta and his son Nikhil Gupta) are the only dealers of Renault in Mumbai, with dealerships in Andheri, Thane and Navi Mumbai. So we didn't have much of an option. Also since we had already sold off the Verna 1.6CRDi we desperately needed the car. I'll put up scanned images of the reciepts soon.

MODS: Can't seem to get Multi Quote to work
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Old 15th September 2012, 15:46   #14
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Default Re: Paid for Duster 110. Renault Dealer (GenNext Motors) gave us a Duster 85 instead!

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My colleague took delivery of the vehicle, and since he had never seen the RXL version it didnt strike him as anything off.
You were buying this car on your name or the company name?
And your colleague had the necessary authorization to take the delivery (on your or your company's behalf)?
Who signed the RTO registration papers?
What's the model spec mentioned in the RTO papers (the same details are expected to be printed on the registration smart card)?
Do you have the copy of all the documents that were sent (or the dealer said he will send) to RTO?
I hope you did not sign any blank forms (which the sales guy said he would fill in for you...)
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Old 15th September 2012, 16:04   #15
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Default Re: Paid for Duster 110. Renault Dealer (GenNext Motors) gave us a Duster 85 instead!

It is high time such dealership (and manufacturing) thugs are brought to law. Such cases of fraudulent practices from the dealership are ever increasing these days. The manufacturers really need to tighten their act against such dealerships, but they seem to enjoy sleeping. The govt. too need to take up matters more seriously about sales and service of automobiles, for which a good fortune of the common man is being spent and for which the govt. enjoys getting tax.

I really doubt going forward with a product from the same dealership, such customers will be able to get proper attention in the future. I have seen cases of customers who have complained against dealerships being sidelined during later service schedules. If you are going for a new 110 from them, make sure that it indeed is new.
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