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Old 9th November 2012, 12:12   #1
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Default Ravindu Toyota sells *Display* Altis to an unsuspecting customer

My colleague bought a Toyota Altis in July, March manufactured. Within days of purchase he found that the boot and fuel lid had problems in closing and opening. Boot door even rattles. Security look system also does not work properly. We can also see fine dents on the fuel lid and boot side - accident repair work.

He is been following up with the dealer and has found that he has been sold a display car even though he had specifically asked the sales guy not to sell the display car. Later dealer accepted that it was a display car.

At this moment the dealer has come on the negotiation table (after some legal notices). What do the experts think he should negotiate for? They declined replacing it with a new car. The car I think has a 3 year warranty.
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Old 9th November 2012, 12:19   #2
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Default re: Ravindu Toyota sells *Display* Altis to an unsuspecting customer

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Originally Posted by fi.robin View Post
My colleague bought a Toyota Altis in July, March manufactured. Within days of purchase he found that the boot and fuel lid had problems in closing and opening. Boot door even rattles. Security look system also does not work properly. We can also see fine dents on the fuel lid and boot side - accident repair work.

He is been following up with the dealer and has found that he has been sold a display car even though he had specifically asked the sales guy not to sell the display car. Later dealer accepted that it was a display car.

At this moment the dealer has come on the negotiation table (after some legal notices). What do the experts think he should negotiate for? They declined replacing it with a new car. The car I think has a 3 year warranty.
They cannot decline a new vehicle. Take them to court. Your colleague paid for a new vehicle and is entitled to get one.
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Old 9th November 2012, 12:20   #3
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Default re: Ravindu Toyota sells *Display* Altis to an unsuspecting customer

In this age and date, i would say your friend should have been more careful before buying the car. Werent these questions asked? Didnt he check the car in the stockyard before putting his portion of the down-payment. Werent these problems checked when he did PDI or atleast before taking delivery?

Now that they have come to the negotiating table, i would suggest take them for a ride and do not settle for anything less then a new car, or else threaten them with mental harassment case, the payout in that will more please they anyway have to replace the car.

Lodge a complaint with Toyota, also please mention the dealer name on the thread Nandi or Ravindu?

Last edited by mayankjha1806 : 9th November 2012 at 12:21.
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Old 9th November 2012, 12:24   #4
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Default re: Ravindu Toyota sells *Display* Altis to an unsuspecting customer

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Originally Posted by mayankjha1806 View Post
In this age and date, i would say your friend should have been more careful before buying the car. Werent these questions asked? Didnt he check the car in the stockyard before putting his portion of the down-payment. Werent these problems checked when he did PDI or atleast before taking delivery?
While it's good for a customer to do it, I dont think it is required for a customer to do it. The company selling a car should have in place the PDI process while it sells the car. I dont think I do a PDI of bread when I buy it. If it has any issues I show it to the baker and he gives me a new loaf. The car manufacturers are incompetent in their sales process.
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Old 9th November 2012, 12:41   #5
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Default re: Ravindu Toyota sells *Display* Altis to an unsuspecting customer

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Originally Posted by fi.robin View Post
He is been following up with the dealer and has found that he has been sold a display car even though he had specifically asked the sales guy not to sell the display car.
What does this sentence mean exactly? Was the display car offered to you; maybe with some discounts or as a ready delivery? I mean how did this thought even cross your mind that the display car might be sold to you?


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Originally Posted by fi.robin View Post
Later dealer accepted that it was a display car.
Verbally, I presume?

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Originally Posted by fi.robin View Post
At this moment the dealer has come on the negotiation table (after some legal notices). What do the experts think he should negotiate for? They declined replacing it with a new car. The car I think has a 3 year warranty.
No dealer would agree to accept replacement at the first go.

Does Toyota act in such a way? I think it might be more due to the dealer. You can try escalating it to the higher ups at Toyota. Toyota is known to take care of its customers needs, and they might put some pressure on the dealer.

Also I think it would be a good idea if you could record your conversations on your mobile phone without the dealers knowledge. This may be used as evidence that a display car was sold without your knowledge.
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Old 9th November 2012, 12:51   #6
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Default re: Ravindu Toyota sells *Display* Altis to an unsuspecting customer

So much for Toyota systems in place. Dealerships are the same anywhere in India whether of any manufacturer. You, as a customer have to be pro-active while taking delivery of your vehicles, otherwise these dealers won't leave a chance to make to some extra bucks or shortchange you.
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Old 9th November 2012, 12:59   #7
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Default re: Ravindu Toyota sells *Display* Altis to an unsuspecting customer

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Originally Posted by zoombiee View Post
While it's good for a customer to do it, I dont think it is required for a customer to do it. The company selling a car should have in place the PDI process while it sells the car. I dont think I do a PDI of bread when I buy it. If it has any issues I show it to the baker and he gives me a new loaf. The car manufacturers are incompetent in their sales process.
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Originally Posted by dkaile View Post
So much for Toyota systems in place. Dealerships are the same anywhere in India whether of any manufacturer. You, as a customer have to be pro-active while taking delivery of your vehicles, otherwise these dealers won't leave a chance to make to some extra bucks or shortchange you.
Thanks @dkaile well said. @zoombiee, here's the answer to why should one do it.

BTW for the bread, you do a PDI, atleast turn it around to see any obvious signs of breakage or fungus, check the expiry date (i.e. everything that can be done visually, without opening). Saves a lot of time/effort/money to go all the way to the baker again just to replace it.

Moral of the story I do it to save headache for myself later on, which is for my own good.

Last edited by mayankjha1806 : 9th November 2012 at 13:00.
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Old 9th November 2012, 13:06   #8
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Default re: Ravindu Toyota sells *Display* Altis to an unsuspecting customer

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Moral of the story I do it to save headache for myself later on, which is for my own good.
Mayank, I do agree with you. What I am saying is while it is good it is not necessary to do it. Its like adding salt to injury to remind some one that he did not do something which led to current situation. This may help others but not him. Primarily, its not needed for him to do it. Everytime some one shares such misery, we comment saying some one should have done a detailed PDI.
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Old 9th November 2012, 13:09   #9
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Post re: Ravindu Toyota sells *Display* Altis to an unsuspecting customer

Fraud for sure, provided your friend asked and paid for a brand-new car. However there's a strong possibility that he may have overlooked certain tell-tale signs or may have not been as thorough in his PDI as expected. Anyway the bottomline is that he has been shortchanged and he shouldn't settle for anything less than a new car.

Escalate the issue right at the top at Toyota if need be. As a company, the Japs are much more image-sensitive than some of their European counterparts, who, as is well documented, can be thick-skinned at times. Dealership level hanky-panky and litigation resulting from it, won't go down too well with Toyota and I'm sure they'll be keen to settle.

Last edited by Omtoatom : 9th November 2012 at 13:11.
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Old 9th November 2012, 13:20   #10
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Default re: Ravindu Toyota sells *Display* Altis to an unsuspecting customer

This thread made me wonder something. Is it really possible for a wannabe customer (and a common one, not necessarily as informed as some TBHPians) to do a PDI and make out if a car is new or not? I mean dealerships will have fairly competent workshops and they can always expertly work on the car and hide any obvious signs/flaws. It would be very difficult to tell for a normal person whether or not the car is new. Basically most people just have to take dealer's word as face value. Not everyone gets services of wildon (detailed manufacturing info from VIN).

This kind of issues could be more commonplace than we may think. I think most customers never even come to realize what was sold to them.
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Old 9th November 2012, 13:28   #11
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Default re: Ravindu Toyota sells *Display* Altis to an unsuspecting customer

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This kind of issues could be more commonplace than we may think. I think most customers never even come to realize what was sold to them.
I think we as Customers can refuse to TD non Demo marked vehicles. This should help in a big way.
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Old 9th November 2012, 13:40   #12
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Red face re: Ravindu Toyota sells *Display* Altis to an unsuspecting customer

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Originally Posted by fi.robin View Post
the dealer has come on the negotiation table (after some legal notices). What do the experts think he should negotiate for? They declined replacing it with a new car. The car I think has a 3 year warranty.
If the dealer is declining a replacement car, then the obvious would be to ask the dealer to refund the entire money paid for the car. Either he replaces the car or hands back the amount paid. Now since he has already accepted to have sold a demo car (suprising that the issues were missed out during delivery), you surely can arm twist. Even then if the dealer starts to act smart, file a case in Consumer court, but do write to Toyota and make them aware of the situation.
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Old 9th November 2012, 13:48   #13
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Default re: Ravindu Toyota sells *Display* Altis to an unsuspecting customer

Your colleague spent 15 lakh rupees without due diligence? The PDI (ARTICLE: Pre-delivery Inspection (PDI) & Check List) would have taken him all of 60 minutes. At the very least, he should have checked the manufacturing month / year before signing on the documents. The dealer is completely at fault yes, but your colleague is also to blame for not taking the necessary precautions. If you leave the door to your house open and stuff gets stolen, the thief is at fault. But so are you for not securing the door in the first place!

Fight tooth & nail with this rogue dealer. Only a brand new replacement Altis, a full refund or a very substantial payout should settle matters.

IMP: You need to name this rogue dealer.

Related Thread 1 (Rishabh Hyundai sold a Test Drive vehicle!)

Related Thread 2 (Merc India fined for selling used (Demo) car)
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Old 9th November 2012, 13:56   #14
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Default re: Ravindu Toyota sells *Display* Altis to an unsuspecting customer

Hi fi.robin ,

Well what has happened with your friend is certainly very unfortunate. More-so when such an act is done by TOYOTA it becomes all together a worse scenario .

Anyhow, the dealer cannot sell you a vehicle other than the one your friend had agreed on .

Here is what the legal position stands as of now, hope it helps:-

The dealer has committed FRAUD with you on the following grounds :-

As the dealer sold you a different vehicle than what your friend had agreed for, hence it is apparent that this act of the dealer falls in the category of FRAUD according to the Indian Contract Act 1972 .

Section 17 defines "Fraud". It means and includes any of the following acts committed by a party to a contract, or with his connivance, or by his agents, with intent to deceive another party thereto his agent, or to induce him to enter into the contract.

Further Section 17(1) :- States the suggestion as a fact, of that which is not true, by one who does not believe it to be true

Section 17(2) :- The active concealment of a fact by one having knowledge or belief of the fact.

As the dealer has mislead you into believing the car to be brand new whereas he had full knowledge of it being a display vehicle which he has also now accepted, he has committed a FRAUD.

The act of the dealer is in conformity with the above mentioned provisions .

I would advice you to have all the conversations henceforth on paper,email etc because that stands for substantial evidence if tomorrow the dealer changes his statement .

P.S. Please note, I am not a layer but a 3rd year law student .
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Old 9th November 2012, 14:20   #15
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Who is this fraud dealer who has done this! Please name the chap so that all bhpians come to know.

Such dealers who do this should be heavily penalized by the govt. After all it's hard earned money that one puts in to buy a brand new car!
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