[Flyer]

Banarsi Das Automobiles, Tata cars dealer in Panchkula intentionally sold an old car as new. The car was an accidental repaired car.

With all sorts of buffoonery happening with car dealerships in India, customers has to be very vigilant even when buying a brand new car!

On 10th of January, 2015, Mr. Atul Kumar Aggarwal of Panchkula purchased a Tata carfrom Banarsi Das Automobiles, Panchkula for Rs. 3.61 lakh. After some time, the car started giving problems and apparently developed unforeseen issues. He took his car for its first service on February 8, 2015.

But there was no improvement after the full service had been done. Even after multiple attempts by mechanics to figure out the problem and fix the car, it showed no sign of getting better. Fed up, Atul Kumar finally filed a complaint at the District Consumer Disputes Redressal Forum.

The car was then inspected in the presence of all parties by a committee constituted by the PEC University of Technology, Chandigarh on November 30, 2017. The report submitted by the committee revealed that even after replacing the turbocharger, injector and fuel lines and repairing the alternator, the problem of emission of black smoke existed. There was also a problem with the cold start and pickup of the vehicle. After a thorough inspection and test driving the car, the committee stated that the problems were there in the vehicle as stated by the complainant.

The forum, after going through all the evidence, came to a conclusion that Banarsi Das Automobiles had actually sold an accidental repaired car to the customer intentionally. Berkeley Tata Motors (service centre) and Tata Motors as a manufacture were also found to be guilty in this incident.

The forum has instructed all the concerned parties to pay a compensation of Rs 1 lakh for their indulgence in unfair trade practices. It also directed the dealer to refund the full amount paid by the complainant with interest or replace the old car with a new one. Thus the forum brought justice to the consumer.

Metro Motors of Ambala, Berkeley Tata Motors of Chandigarh, Banarsi Das Automobiles of Panchkula and Tata Motors Mumbai has been found guilty for selling an old car as new to the customer.The dealership, service centre and Tata Motors have been penalized for cheating the customer.

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[gkveda]

I am just wondering how could the dealer manage to change the Chassis number, engine Number of the old car, while issuing the new Original RC Book to the owner with his name as FIRST OWNER, there are many more checks. How did all these were managed?

Or is it that the new car without registration has been used by the dealer for long time and when involved in the accident, later got sold ? Why would the dealer do this? I mean, why will he use the new car without registration for long time (I am assuming long time, because, there are many problems identified in the car which may have arose due to passage of time)

I think although this appears simple cheating case by the dealer, there are lot of other things involved in the background. Probably, more investigation may be required.

[Engine_Roars]

Good that they have ruled out in favor of customer however personally I feel this is too less of a punishment. Punishment should be strict enough to work as a deterrent.

[GTO]

Love the power of a determined consumer . I've also had my share of fights and don't give up (as long as I'm right).

Originally Posted by Engine_Roars

Punishment should be strict enough to work as a deterrent.

The negative press, losing the court case, lawyer fees, time & financial penalty are deterrents enough. Not only for Banarsi Das, but even other dealerships.

[Lalvaz]

Won't be surprised if Tata Motors files an appeal and manages to drag this matter for some years more. After all, its only an order of a Consumer forum, so that explains the relatively short time frame for a verdict. What a lovely legal system in this country.