[mayanksabharwal]

Originally Posted by yaseenar

http://www.rushlane.com/bmw-india-de...-12140487.html
This is not true! Pre-owned car! No way!

Thats strange, is BMW India trying to put the blame on you? Can you check with the person who bought the car?

[Turbanator]

Rushlane confirms that the BMW 320d Sportline in question was sold as a display car, and it had not clocked any kilometers. At the time of sale, the owner was aware of it being a display car when it was picked as a wedding gift for the complainant (yaseenar).

It does not matter if they have taken consent to sell a display / demo ( Demo - I doubt ) , they cannot give anything re-painted or something like alloys painted without consent of owner which was not the case as per Yaseenar . I am pretty sure they must have mentioned Sale of New Car in Invoice and this is a first registration so it cannot be treated as old car .

[yaseenar]

Originally Posted by mayanksabharwal

Thats strange, is BMW India trying to put the blame on you? Can you check with the person who bought the car?

Rushlane changed the update now:

http://www.rushlane.com/bmw-india-de...-12140487.html

I checked with him. He was not aware that it was a display car!

[Chetan_Rao]

Originally Posted by yaseenar

Rushlane changed the update now:

http://www.rushlane.com/bmw-india-de...-12140487.html

I checked with him. He was not aware that it was a display car!

That's exactly the point of contention. Per the post on Rushlane, BMW is claiming the buyer was aware of the 'display car' angle during purchase. If that's not true (as you say in your quoted post), you should point it out to Rushlane to make your position clear.

[ag408]

Well - it's really unfortunate that even reputed brands resort to such tricks in India, though I think this is more a dealership issue. While on this topic, I just scrolled below and found that this is not the first case against this dealership. Many others seem to have faced the same issue with Platino.

[mayanksabharwal]

Originally Posted by Chetan_Rao

That's exactly the point of contention. Per the post on Rushlane, BMW is claiming the buyer was aware of the 'display car' angle during purchase. If that's not true (as you say in your quoted post), you should point it out to Rushlane to make your position clear.

just checked, rushlane has updated the post

[jaaz]

Originally Posted by yaseenar

Backstory: I had posted in Teambhp about this before. When I decoded VIN/Chasis Number in my Bmw 320d Sportline, the Date of Manufacturing was shown as 9th October 2013 but we had bought the car on July 2014. When asked they shared info where it was clear that the car was manufactured in Jan 2014(which is as per the RC card). This still shows a delay of 7 months.

First of all, I feel sorry for you for the ordeal. And yes, I could understand the circumstances under which, the purchase was done. But prima facie - there is clear evidence that the Dealer has cheated you and it is clear case of Section 420.

Don't settle for anything less than a replacement or a huge Cashback. The Test Drive Vehicles are sold for anything in between 30-50% off the Original Price. And the Display Vehicles at 20-30% Off. Ask anyone Who's familiar with Sale of Cars in Middle East, they'll inform you the same. Electronic items on display are also sold at less than 50% in Europe too. They call them as Open Box items.

In your case, If you've not received the above discounts, you can definitely fight legally, in case the Dealer's response is not fair. There are lot of anomalies in your case:-
1. You've been given a Display Car without informing.
2. The Car was already 9 months Old.
3. Repairs were conducted before the Delivery.
4. Misguided even after reporting the issue.


Please go through the Triumph Motorcycles Case - Just for misrepresenting the facts about the Engines Specs, the Company has agreed to refund (Cashback) an amount of Rs. 1 lac or accessories of Rs. 1.5 lacs, which amounts to about 10% of the Bike purchase amount. But here, in your case apart from misrepresenting, they've also cheated you.

I've heard most of such cases among small Cars, especially Suzuki, because there is huge demand and many people out of excitement of taking delivery fail to go through the standard procedures, but never in a Luxury Vehicles (40+ Lacs is definitely Luxury Category as per Indian Standards). I'm 100% sure, BMW Company will never do this to spoil their long cherished history of being a reputed Company.

In Middle East, Where I've gone personally to buy a Beemer, clearly mention the Model Year in the Invoice. They gave me all the options including the Display Car with huge discount. My Boss bought a 7 Series Beemer at a Discount of 25%, which was used for a Summit and hardly driven for 200 kms.

I hope your 2nd Jan Meeting goes in your favor. Or else, don't hesitate to take legal action. It may take time, but you'll definitely win the Case. I'm sure you've other Cars, and don't mind leaving the Car at the Dealer till the matter is settled.

Don't bother about the Registration, since this is a case of Cheating. If the matter is settled for Replacement, you can always transfer it back to the New Buyer.

[Rajat]

Very sorry to learn about this. While you should escalate this issue to the highest levels and demand for a replacement car, I have my apprehensions about how would the company replace an already registered car. At best they may replace the shoddily painted parts or settle the matter through compensation. This incidence just highlights the need for inspecting the car in the yard/showroom prior to registration and delivery. Checking the VIN earlier would have saved you the hassle. Though better late than never.

[Chetan_Rao]

Originally Posted by mayanksabharwal

just checked, rushlane has updated the post

Yep, just saw UPDATE 2 clarifying owner was unaware of his purchase being a 'display car'.

[HotChillyPepper]

Originally Posted by Rajat

I have my apprehensions about how would the company replace an already registered car. At best they may replace the shoddily painted parts or settle the matter through compensation.

I think this is a misconception in Indian automotive industry that once the car is registered in your name, nothing can be done. If you have enough evidence for what you claim, there can be solutions including replacement of the car and over that you should also get compensated for the inconvenience caused. If you search on internet there are plenty of cases where courts ordered replacement of registered car and also to compensate for the losses to the owner.

Thanks
HCP

[urzdeepu]

Never expected such a behavior from Platino Classic. I may be wrong, but in 2013 my boss wanted to test ride a 320D and the dealership had sent a test vehicle which is of the same color you have.. See the pics. I dont know if its the same car but looks too close to it. The test car came from Platino Classic's Calicut dealership.

Since they themselves have claimed that this was a demo car, you have all rights to ask for replacement vehicle or a second hand car broker can be taken to the scene to evaluate the vehicles current price. Its your privilege to demand a refund less the evaluation price if you want to retain the vehicle.
Else Consumer court is the only amicable settlement unless the dealer goes favorable.

[jaaz]

Originally Posted by HotChillyPepper

I think this is a misconception in Indian automotive industry that once the car is registered in your name, nothing can be done.

Thanks
HCP

Yes, you're right. Many people feel that Once Registered in your name, nothing can be done. You can drag the Dealer to the Court and get rid of the Car and recover the entire Cost and the penalty for the hardships faced.

Sometimes, Display Cars are also used for Test Drives, So don't take the excuse that it was just a Display Car and not Test Drive Car.

@URZDEEPU may be right !!!

[GautamC]

Well maybe someone has mentioned these points:

1. Dealers regularly repaint/repair minor damage on cars that occur during transport. Usually they are meant to keep a record of this so they can claim the money back from the manufacturer. major damage is another issue and usually a replacement part/car is sent (usually at the cost of the manufacturer). usually the good dealers will inform you of this, and as the car is sold as a Brand New vehicle, it really doesn't make a difference cause the Dealer and Company are liable for any problems that arise because of work done before you take possession of your vehicle.

2. THIS ONE IS IMPROTANT: Be careful of Test Drive vehicles, sometimes dealers are not allowed to sell them as is. they are usually sold at huge discounts (because you never know how they have been driven during its Test drive life), and a lot of the time they do not come with Warranty!! Please contact BMW to find out if they will cover your car in case of a manufacturing Defect.

3. You can get compensation these days from Consumer Forums/Courts, but it may vary from state to state. Though this will take a couple of years to resolve and there is always a possibility of appeal, which can extend the time scale indefinitely. But sometimes just a fear that the case will be taken to court is enough sometimes to get the Manufacturer/Dealer to settle before it gets there.

4. While I do agree it is important that as a customer you are always informed of the product you are buying and not simply be sold by the over friendly sales staff, you should write to BMW HQ and complain about the dealer. This seems to be a clear case of miss-representation from them, and they could get into a lot of trouble because of it, even loose there Dealership.

5. I do agree with the previous comments that you need to be clear in your mind of exactly what you want. Getting a new kit and FOC work will be the easiest. Though you may have a descent chance of getting a new car (considering/assuming that is what you had paid for), but getting monetary compensation over and above, while not impossible, will be the Hardest...

I hope this helps in resolving your issues.

[rugsrags]

Well yours is now the second case i'v heard about. A friend of mine faced this same issue in Delhi where the dealer sold an older car found out from the battery while showing it to be a newer car.
I'll fill in the details and maybe you'll be able to get a replacement and even an upgrade if you handle it right. So this friend of mine bought a 520d in Delhi. The second day itself the car refused to start and on the car being sent to the service center it came out that the battery was dead. The reason stated was that the battery was left unused for 8 months hence they needed to replace it. Once the bill was in the hands of my friend (ofcourse replaced in warranty) my friend brought it to their notice that the car was sold stating it to be a one-month old car and he refused to pick the car up from the workshop. He then sent BMW and the dealer a legal notice for the same. This is apparently a case of fraud and cheating. The crux is that on receiving the legal notice the dealer not only replaced the car but also gave him an upgrade in terms of a 530d. So basically he got himself a 530d for the price of a 520d. I suggest you do not take this sitting down and create enough hue and cry about it so that BMW knows they can't take people for a ride in the future!

[stanjohn123]

It's pretty clear they took you for a ride and thought you would never find out. My advise , don't settle for anything less than 530d , it should be a lesson never to sweet talk and cheat another customer ever again.

Shame on you BMW