I paid for green Duster, dealer delivered an orange one. EDIT: I won the court case!

noopster · 11th February 2018, 02:38

Quote:

Originally Posted by PetaWatt

I would have accepted that and I'll accept whatever they decide. Mine was the only case out of 5-6 new cases that day for which panel asked few questions before accepting the case.

That’s a pity. I would have expected a bit more due diligence from a body that should value its time spending taxpayer money on cases where consumers have genuinely got ripped off, of which there is no shortage in this country.

Quote:

Anyone can get confused, but it is owned by Trident. This is exactly my point. As a customer, I'll see "Renault" and get the confidence that it is Renault's showroom and won't expect any false promise.

I fail to see what liability Renault has in this case. They did NOT supply a product that was defective in any way. Would you sue an ice cream manufacturer if a shopkeeper did not have your favourite flavour in stock and so you were “forced” to eat strawberry instead of vanilla? For that matter what is the shopkeeper’s liability in this as well?

Quote:

But if reached the station and couldn't get the ticket because booking server was down, I'll blame the railway.

Quote:

...Everyone who crosses the MG road after 11pm is getting robbed. I am not aware of that and one night I had to cross the MG road and I got robbed...

Quote:

Let's twist the story a bit to fit it in the current case scenario. Doctor commits to start...

I will say this in the most well-meaning way I can: you have a joyous new arrival at home; drop this frivolous lawsuit and get on with your life. You were neither robbed nor did you miss your train, and for God’s sake please don’t draw a parallel with medical malpractice here. Learn to see things in perspective!

Quote:

Please don't be sorry, I am here to get different views and thinking of unbiased people, and it you feel I have to be blamed that's totally ok with me.

A final word: nobody will “blame” you for doing this. It’s called taking responsibility for your own actions and is a sign of maturity.

Good luck.

Thermodynamics · 11th February 2018, 05:59

There can be better ways

It happened to me as well. I had ordered a Granite Grey Brezza. After 5 months of agonizing wait the dealer got me a Silver. When I refused, he said the next booking will take another three months. On hearing that I felt like recollecting nice holy words

But I held my nerve and put forth my grievance in a genuine manner. Simple straight honest dialogues quickly made the dealer agree to try their best. Within a week they managed to get me the colour I needed.

My whole point is, these situations are common and are not specific to any brand as perceived from the title. A bit of effective negotiations would have saved a lot of stress, who knows you would have been driving a green today.

Arjun Reddy · 11th February 2018, 08:55

Quote:

Originally Posted by Thermodynamics

[b]My whole point is, these situations are common and are not specific to any brand as perceived from the title.

+1,probably the guy who wanted the Orange got the Green and is probably blogging away on another forum.:

Renault has nothing to do with this case. If the dealer has been up to similar mischief with a lot many customers like deehunk pointed out, we need a separate thread for this particular dealer.

This thread is as good as closed for me.

Mr.Boss · 11th February 2018, 12:16

Quote:

Originally Posted by PetaWatt

Depends on the scenario. If I reach station late and miss the train, I wont blame anyone. But if reached the station and couldn't get the ticket because booking server was down, I'll blame the railway.

But the case here is, you were given a manual ticket by the station master and you accepted it. Railway can't be blamed here.

Quote:

Originally Posted by PetaWatt

Whom should I blame?

Obviously the Doctor first and then the management for having such an irresponsible doctor in place.

Quote:

Originally Posted by PetaWatt

Sure, here it is. I hid the names intentionally, I don't want sales girl to suffer until things are proven in the court.

It was mentioned that Renault customer care will be contacting you, did someone call you back? Or did you try getting updates from the numbers provided?

Quote:

Originally Posted by PetaWatt

Only if cheating an ignorant buyer by making false promise is their business

If the dealer kept promising about the Green one till last minute and you were offered the orange one only during delivery, it's cheating. But here you were informed in advance and you were given couple of options (different color / delayed delivery) I couldn't understand how do you classify this as cheating?

Quote:

Originally Posted by PetaWatt

No.

No point in asking for a replacement then.

Quote:

Originally Posted by PetaWatt

Thanks GTO, I have few more updates in my mind, will certainly do when I get some free time and will post the pictures too.

You were already prepared to live with the current ride, then why run behind something and waste your time and energy?

If you still want to take it up with the court / law, file a case against the dealership, pull the manufacturer to support you (against the dealer) That makes better sense than fighting against Renault. They could easily wash their hands stating that they are unaware about the commitments by dealer (which again is the fact)

RavenAvi · 13th February 2018, 00:22

Whatever grievances you had in this case regarding the colour choices of your chosen car, they got tossed out of the window the moment you agreed for the other car, signed on the dotted lines, got it registered in your name and drove out of the dealership with it.

Now, unless the dealership or the company gave you something in writing that they would be gladly willing to swap your now-used car with a brand-new one in your chosen colour shade, nobody's liable for anything.

Long story short (and blunt): you got no case, my friend.

BTW, congratulations for the little one.

Mr.Boss · 13th March 2018, 05:54

Quote:

Originally Posted by PetaWatt

Next hearing is on 12th March 2018

Hope you have some updates to share after yesterday's hearing.

mudhasir · 13th March 2018, 21:47

I always prefer to return my existing car to the dealer for some exchange value. I have always managed to negotiate hard and get the value that I would from an individual.

This way I return my existing car a day or two before delivery of new car but I have commitment from them on the value much ahead of exchange. This value is generally adjusted against invoice

Congratulations on your new car and little one!!

deehunk · 20th March 2018, 09:54

I am sharing my experience here, yesterday went with a friend to TD AMT variants of Duster and Terrano to Silk board, during the discussion with Trident Renault, the Sales executive asked us to sign next to the Color choice in the booking form. When I asked him why it was required and was there any correlation to the issue reported on this thread, he explained about the confusion created by offering two choice of colors to the bhpian on this thread. I am a well recognized face at this dealership for all wrong reasons, still it was good to see them forget what happened and ensure mistakes are not repeated. We have booked a 2018 RXZ AMT variant and expecting delivery early next week.

PetaWatt · 21st April 2018, 19:58

Quote:

Originally Posted by Mr.Boss

Hope you have some updates to share after yesterday's hearing.

I tried submitting the evidence on 12th March 2018 but couldn't as it was suppose to be notarized. Judge asked me if I can get it notarize by evening which was not possible for me so she gave me today's date, 21st April 2018. Submitted the evidence today. Next hearing is on 22nd May 2018. Will update again.

Quote:

Originally Posted by deehunk

he explained about the confusion created by offering two choice of colors to the bhpian on this thread.

I booked the Green Duster(no other color, even as option), I don't know what he explained to you.

Quote:

Originally Posted by deehunk

We have booked a 2018 RXZ AMT variant and expecting delivery early next week.

Few questions if you don't mind:
1. Did you told the color you wanted before they told you about the availability of different colors?
2. Was the same car delivered on the promised day?

rdst_1 · 21st April 2018, 23:09

I remember a thread started by another bhpian in which he wanted all the details of the deal to be signed as a legal agreement. I also saw many bhpians take offence to that and tell that guy that no dealer would do it and he is asking for too much. That bhpian went on to get such an agreement signed by another dealer and got what he wanted, delivered at the promised time. I professed my support for the OP in that thread and believe that that is the way to go ahead in buying an expensive item as a car. That will help bring transparency in the sales process and also keep the dealer and comoany honest and not take a genuine customer for a ride making him wait so many months just because he chose a different color.

So now when I see this thread and I again see bhpians telling this guy it is his fault and he has no legal leg to stand on, I am a bit bewildered as to why were guys suggesting in the other thread to not go for a legal agreement before paying the booking amount.

Like I said in the other thread, I think TeamBHP should lead by example and maybe even come up with an agreement format just like we have a PDI list, which can keep more people from being made a bakra out of, especially when they are forced into a corner like this guy was. People are saying that no one was holding a gun to his head. But that doesn't take away anything from the fact that those people took a booking amount and then didn't deliver that vehicle on the said date. That definitely puts some responsibility on the shoulders of the dealership which simply can't be and shouldn't be shrugged off just by returning the booking mount. Like he has said, he needed that car by the 28th and that was a very important factor in this sale. The decision to sell his current car was also made on the promise of the dealer to deliver a Green car on the 28th. Even if he might not get a new car in exchange for his orange Duster, he still can and should get a decent compensation for the mental harassment and having to choose a color he didn't book because of the shady tactics of the dealer.

kiku007 · 22nd April 2018, 03:44

@rdst_1 - Long story short, commonsense was missing in both the threads and that's what people pointed out.

deehunk · 22nd April 2018, 10:03

Petawatt, I wanted white color and got the same. I initially asked for the delivery on April 18th, but still surprised the dealer to get vehicle on April 3rd. The dealer asking a customer to sign next to color choice was a new thing which I had not seen or read earlier. When I asked him the reason he took the example of your Green Duster. This one incident has made the dealer to be cautious about customer's choice for colors, I see this as a moral victory for the affected person.

PetaWatt · 2nd May 2019, 00:06

Thank you all for sharing your thoughts. Special thanks to those who told me I don't have any case at all. Because of your precious comments only I was able to prepare my case strong.

I got the judgment on 26th April 2019, but got the soft copy of judgement today. Judgement is "party allowed" because transfer of "reverse parking camera+display" and "art leather seat cover" from the old car to the new car is not included in the list of order. Though, that Rs 10K and 5k I never asked for and I am thankful to the panel for including those.

Few of the key points that helped me:

Only "Renault Whitefield" written on the display board of the showroom.
"Renault Whitefield" being displayed as the name of the dealer in the Renault official website.
All the payment and email transactions.

Here is the snapshot from the soft copy of the judgement.

I paid for green Duster, dealer delivered an orange one. EDIT: I won the court case!-judgement.jpg

JayKis · 2nd May 2019, 11:22

Quote:

Originally Posted by PetaWatt

Thank you all for sharing your thoughts. Special thanks to those who told me I don't have any case at all. Because of your precious comments only I was able to prepare my case strong.

I got the judgment on 26th April 2019, but got the soft copy of judgement today. Judgement is "party allowed" because transfer of "reverse parking camera+display" and "art leather seat cover" from the old car to the new car is not included in the list of order. Though, that Rs 10K and 5k I never asked for and I am thankful to the panel for including those.

Good Perseverance!! Glad you proved a lot of doubters wrong on this one.
Because in India people do not want to often go the legal way because they think it is a hassle.

PetaWatt · 3rd May 2019, 01:37

Admin, could you please change the title of the thread to "Renault Whitefield: I Booked Green Duster but was forced to take the Orange one". Posting following snapshot of the judgement document that justifies the title I am asking for (was not able to attach it yesterday while reporting the post, so posting this reply)

11th February 2018, 05:59	#32
Thermodynamics BHPian Join Date: Aug 2017 Location: Bengaluru Posts: 832 Thanked: 4,131 Times	re: I paid for green Duster, dealer delivered an orange one. EDIT: I won the court case! There can be better ways It happened to me as well. I had ordered a Granite Grey Brezza. After 5 months of agonizing wait the dealer got me a Silver. When I refused, he said the next booking will take another three months. On hearing that I felt like recollecting nice holy words But I held my nerve and put forth my grievance in a genuine manner. Simple straight honest dialogues quickly made the dealer agree to try their best. Within a week they managed to get me the colour I needed. My whole point is, these situations are common and are not specific to any brand as perceived from the title. A bit of effective negotiations would have saved a lot of stress, who knows you would have been driving a green today. Last edited by Thermodynamics : 11th February 2018 at 06:10. Reason: Spell check
	(5) Thanks

13th February 2018, 00:22	#35
RavenAvi Distinguished - BHPian Join Date: Jun 2011 Location: Flying Around Posts: 6,668 Thanked: 47,599 Times View My Garage	re: I paid for green Duster, dealer delivered an orange one. EDIT: I won the court case! Whatever grievances you had in this case regarding the colour choices of your chosen car, they got tossed out of the window the moment you agreed for the other car, signed on the dotted lines, got it registered in your name and drove out of the dealership with it. Now, unless the dealership or the company gave you something in writing that they would be gladly willing to swap your now-used car with a brand-new one in your chosen colour shade, nobody's liable for anything. Long story short (and blunt): you got no case, my friend. BTW, congratulations for the little one.
	(6) Thanks

13th March 2018, 21:47	#37
mudhasir BHPian Join Date: Sep 2015 Location: Chennai Posts: 171 Thanked: 243 Times	re: I paid for green Duster, dealer delivered an orange one. EDIT: I won the court case! I always prefer to return my existing car to the dealer for some exchange value. I have always managed to negotiate hard and get the value that I would from an individual. This way I return my existing car a day or two before delivery of new car but I have commitment from them on the value much ahead of exchange. This value is generally adjusted against invoice Congratulations on your new car and little one!! Last edited by mudhasir : 13th March 2018 at 21:48.
	(1) Thanks

20th March 2018, 09:54	#38
deehunk Senior - BHPian Join Date: Nov 2009 Location: Bangalore Posts: 1,937 Thanked: 2,913 Times	re: I paid for green Duster, dealer delivered an orange one. EDIT: I won the court case! I am sharing my experience here, yesterday went with a friend to TD AMT variants of Duster and Terrano to Silk board, during the discussion with Trident Renault, the Sales executive asked us to sign next to the Color choice in the booking form. When I asked him why it was required and was there any correlation to the issue reported on this thread, he explained about the confusion created by offering two choice of colors to the bhpian on this thread. I am a well recognized face at this dealership for all wrong reasons, still it was good to see them forget what happened and ensure mistakes are not repeated. We have booked a 2018 RXZ AMT variant and expecting delivery early next week. Last edited by deehunk : 20th March 2018 at 10:00.
	(3) Thanks

21st April 2018, 23:09	#40
rdst_1 BHPian Join Date: Nov 2013 Location: Bir-Billing, HP Posts: 478 Thanked: 895 Times	I remember a thread started by another bhpian in which he wanted all the details of the deal to be signed as a legal agreement. I also saw many bhpians take offence to that and tell that guy that no dealer would do it and he is asking for too much. That bhpian went on to get such an agreement signed by another dealer and got what he wanted, delivered at the promised time. I professed my support for the OP in that thread and believe that that is the way to go ahead in buying an expensive item as a car. That will help bring transparency in the sales process and also keep the dealer and comoany honest and not take a genuine customer for a ride making him wait so many months just because he chose a different color. So now when I see this thread and I again see bhpians telling this guy it is his fault and he has no legal leg to stand on, I am a bit bewildered as to why were guys suggesting in the other thread to not go for a legal agreement before paying the booking amount. Like I said in the other thread, I think TeamBHP should lead by example and maybe even come up with an agreement format just like we have a PDI list, which can keep more people from being made a bakra out of, especially when they are forced into a corner like this guy was. People are saying that no one was holding a gun to his head. But that doesn't take away anything from the fact that those people took a booking amount and then didn't deliver that vehicle on the said date. That definitely puts some responsibility on the shoulders of the dealership which simply can't be and shouldn't be shrugged off just by returning the booking mount. Like he has said, he needed that car by the 28th and that was a very important factor in this sale. The decision to sell his current car was also made on the promise of the dealer to deliver a Green car on the 28th. Even if he might not get a new car in exchange for his orange Duster, he still can and should get a decent compensation for the mental harassment and having to choose a color he didn't book because of the shady tactics of the dealer. Last edited by ampere : 2nd May 2019 at 07:28. Reason: formatted for readability
	(12) Thanks

22nd April 2018, 03:44	#41
kiku007 Distinguished - BHPian Join Date: Apr 2005 Location: AU Posts: 2,322 Thanked: 7,192 Times	@rdst_1 - Long story short, commonsense was missing in both the threads and that's what people pointed out.
	(2) Thanks

22nd April 2018, 10:03	#42
deehunk Senior - BHPian Join Date: Nov 2009 Location: Bangalore Posts: 1,937 Thanked: 2,913 Times	re: I paid for green Duster, dealer delivered an orange one. EDIT: I won the court case! Petawatt, I wanted white color and got the same. I initially asked for the delivery on April 18th, but still surprised the dealer to get vehicle on April 3rd. The dealer asking a customer to sign next to color choice was a new thing which I had not seen or read earlier. When I asked him the reason he took the example of your Green Duster. This one incident has made the dealer to be cautious about customer's choice for colors, I see this as a moral victory for the affected person. Last edited by deehunk : 22nd April 2018 at 10:06.
	(4) Thanks

2nd May 2019, 00:06	#43
PetaWatt BHPian Join Date: Nov 2017 Location: CityOfDeadLakes Posts: 90 Thanked: 279 Times View My Garage	re: I paid for green Duster, dealer delivered an orange one. EDIT: I won the court case! Thank you all for sharing your thoughts. Special thanks to those who told me I don't have any case at all. Because of your precious comments only I was able to prepare my case strong. I got the judgment on 26th April 2019, but got the soft copy of judgement today. Judgement is "party allowed" because transfer of "reverse parking camera+display" and "art leather seat cover" from the old car to the new car is not included in the list of order. Though, that Rs 10K and 5k I never asked for and I am thankful to the panel for including those. Few of the key points that helped me: Only "Renault Whitefield" written on the display board of the showroom. "Renault Whitefield" being displayed as the name of the dealer in the Renault official website. All the payment and email transactions. Here is the snapshot from the soft copy of the judgement.
	(69) Thanks

3rd May 2019, 01:37	#45
PetaWatt BHPian Join Date: Nov 2017 Location: CityOfDeadLakes Posts: 90 Thanked: 279 Times View My Garage	Re: I paid for green Duster, dealer delivered an orange one. EDIT: I won the court case! Admin, could you please change the title of the thread to "Renault Whitefield: I Booked Green Duster but was forced to take the Orange one". Posting following snapshot of the judgement document that justifies the title I am asking for (was not able to attach it yesterday while reporting the post, so posting this reply)
	(23) Thanks