Help! GM dealership refusing to return booking amount

[Joy]

Dear All,
I have booked a chevy spark with Dhulichand Motors, Kolkata around end august with Rs. 10,000/- vide account payee cheque so that I can get my car before Durga Puja. But due to various factors it somehow does not materialized. After Durga Puja, we had some medical emergency in our family and so had to divert most of the fund to it. Hence, we decided to postpone the buying around first quarter of next year.

Thereafter, when I called to get my refund, the salesman blankly told me that he can't return me the money instead he will adjust it as and when I decide to buy the car. He also told me that if want my money back now, there will be a cancellation charge of Rs. 5000/-.

Since, I am in a dilemma whether to go for spark next year as host of other new cars will be launching. Also, why should this amount (however small it may seem) lay idle with the dealership.

Now, my question is:
1) Is it the normal procedure of cancellation charge?
2) If not, what is the procedure to get my refund?

Please guys help me out in this matter.

Thanks and Regards
Joy

NB: Mods, please rectify the title by mistake Help got inserted in the middle. The should be " Help! GM dealership refusing to return booking amount". Thanks

[sdp1975]

Any cancellation charges mentioned on the booking slip along with the fine print/terms and conditions ? IMHO, 5K for cancellation is too high - that too for spark that is doing reasonably well. Maruti cancellation charges are nil with most dealers, fiat charges 1000/- as cancellation charges.

Try escalating the matter to folks higher up at GM, maybe some bhp-ian can provide you with the contact info.

[MAS]

Rs. 5000/- as a cancellation fee is way too high. Hyundai charges Rs. 2000/- as cancellation fee.

Were you appraised about the cancellation fee at the time of booking? You could contact the dealer's manager, tactically posing as a prospective customer and ask him if there is any cancellation fee for any booking amount paid.

If you go through the sales guy, he would obviously look at his commission on the cancellation fee.

[Joy]

@sdp1975, MAS: Thanks.

I have not given any document during the booking. The sales guy came to my place, finalized the car price and took the cheque. He never told me that there will be any cancellation charge. Everything is fine till I conveyed them that I am postponing my purchase.

I am in a fix what to do? I think 50% cancellation charge is very very high, also I doubt that this is the norm. The sales guy is doing this to prevent me from going to any other dealer or brand.

Anyway, thanks for the response.

[vijaythacker]

Joy, 5k is a high amount for cancellation of booking, talk to his manager or higher authority, there are companies charging around 1 to 2K for cancellation.But not as high as this much for spark which is relatively doing good in market.Also do check out the receipt of advance booking amount given to you regarding all fine prints regarding cancellation charges printed to clarify if you have any.

[GTO]

Unless you have signed a booking agreement that specifically mentions the 5,000 rupee cancellation fee, they HAVE to refund back your entire 10,000 rupees to you.

1. Have a word with the GM of the showroom. Forward them a link to this thread as well.

2. Get in touch with GM India (via their website)

3. If still not done, update us. We'll tell you the exact procedure in lodging a police complaint.

The Spark is selling healthy numbers, its not like they custom-built one specifically for you. It would be best for GM dealers to avoid engaging in such cheap tactics. Their reputation ought to be more important to them than Rs. 5,000.

You should, and will, get your money back. No two sides to that.

[Joy]

Thanks GTO, I will do as advised and update the thread as things get progressed.

[sdp1975]

Joy, how's it going ? Did you manage to get your money back ?

[Ramsagar]

Have few questions.
Had cheque been credited to your account?
Is the cheque with valid date? if so the cheque can be canceled.enter the cheque details & it will not be accepted by any bank.
Else approach the bank for loss of cheque.The cheque shall be declined across India where ever it is deposited.
Since it is AC payee you need not worry.

[idea1979]

I think cheque is already Encashed by dealer.

[Joy]

Manager is out of station at the moment, will be back next week. Let's see what happens?

@Ramsagar: The cheque was cleared around end August/first week of Sept (can't exactly recall, will have check the statement)

Thanks for your support.

[nairrk]

If needed, can lodge a official complaint to them:

-Did you/dealer signed any booking form (printed one)?
-Do the booking form has any terms/conditions printed-i.e particulars anything about
cancellation?
-If nothing about cancellation charges, send them an official letter with a copy
to GM which can be send by email/fax -and give them a time limit to refund the
booking amount. Also you specify therein, if he fails to refund the amount on time,
you are going to inform the matter to consumer forum and other forums who deal
with cars(autocar,mouhtshut etc?). (may be all these days, you have been talking to the booking guy only who just want to take a cut for him. When he comes to know that the things are going out of his hand, definitely he will oblige)

Cheers

[Joy]

Thanks Nairrk, for your advise. Let me talk to the manager first, then I will do as advised.

Anyway, Nice to feel to be part of a helpful forum. It is beyond my expectation that in this busy world, every member is trying to help me out and giving me good advices.

Hope, someday, I can help some of you guys. These debts are unrefundable. Thanks you all.

Regards

P.S.:- OT, by the way, where is this kannur? (Sorry, if I have annoyed you?). I would like know new places, my georaphy is bit weak. All motorheads are not equal.

[nairrk]

Originally Posted by Joy

Thanks Nairrk, for your advise. Let me talk to the manager first, then I will do as advised.

Anyway, Nice to feel to be part of a helpful forum. It is beyond my expectation that in this busy world, every member is trying to help me out and giving me good advices.

Hope, someday, I can help some of you guys. These debts are unrefundable. Thanks you all.

Regards

P.S.:- OT, by the way, where is this kannur? (Sorry, if I have annoyed you?). I would like know new places, my georaphy is bit weak. All motorheads are not equal.

+
Good, you are eager to know new places.

Kannur is in north kerala. mangalore is about 100km away.
You might have heard about 'Calicut'?- about 138km from calicut towards
north is Kannur. It goes like -Calicut,Quilandi,Vadakara, Mahe, Tellichery,
Kannur, Kasragod, Mangalore..

Thanks

[Joy]

Thanks for the info.