[hp52_vishy]

Originally Posted by raptor_diwan

Most people who buy a car are not enthusiasts or do not have any idea about the features or aware of small models. All they need is a car that can transport them comfortably and provide a luxurious status. Maybe after a month....

All the more reason for common folk to be aware of VIN and also take a good look at Form 22 details/file. I am not certain, but even the transport invoice may contain all the details.
In this age and world, where you can find things at click of button or phone- one can only blame the buyer.
The KIA dealer will, no doubt, adopt delay tactics as far as possible to frustrate customer. I would say stay AWAY from this KIA Dealer and inform people who might want to use its services.

[adwaith]

Originally Posted by driver52001

Can the dealership file an appeal against the consumer forum order in a higher court and so on? If yes, they could use this for delaying.

Appeals lie to the State Commission, followed by the National Commission and from there to the Supreme Court. In case of delays, interest will accrue at 8% p.a. until realisation of the amount.

Having read the order, the reasoning is a tad dicey in my personal opinion. Considering that the principle of Caveat Emptor is squarely applicable the complaint should have failed. Unless the dealer has done anything to conceal the fact from the buyer at the time of delivery that an incorrect model was being delivered and the buyer had no reasonable means to ascertain the same, it is the buyer's responsibility. Surprising that the dealer did not take this defence.

The order is a tad lengthy but I'm attaching it for those interested.

[ATTACH=judgement2023-03-01.pdf]2425972[/ATTACH]

In any case like @hp52_vishy says above, make sure you check that everything is in order before you take delivery.

[SN88]

Let me give my personal experience with the justice system here ( OT alert and sorry for the same). But it gives a sense of what us law abiding citizens need to do in our country.

I won a court case for eviction of a tenant from one of our homes we had given on rent. The case went on for 9 months before we won and got the court to send the eviction notice to the tenant. He had not paid 6 months prior to us going to court. He did not pay a single rupee for the 9 months that the case went on and once he lost the case he simply vacated and went and found another place to stay. He changed his phone number as well.
Now as per the legal system I need to go to court again for recovery as the court who passed the judgement will not enforce the order. For me to go for the recovery I need to find the new address and contact details of the tenant so that I can send an intimation notice without which the case cannot be made.

I went to the police who said they cannot do anything without a court order and the court says you need to send a notice to his new address

While investigating privately I realised this guy has done this thrice in 10 years and simply moves on. Excellent idea no? Stay rent free for almost 1.5 - 2 years and move on.

[ProLearner]

Good to see a customer getting a verdict in his favour. Non-enthusiast folks might not easily recognize the version of the car as may be the case here.

But I am confused a little. The article states that the dealership is to deliver the correct version. Also it says, failing to comply with the order, the refund. Will the customer get the new car AND the refund?

[amitabhr]

Originally Posted by Joeboy

It is surprising how the customer realised that he had been sold a pre facelift version only after a month after taking delivery of the car and not while taking delivery. I am sure that the dealer will go for an appeal.

I had a neighbor who purchased a Mahindra vehicle and next day when I asked him if it's petrol or diesel he had no idea !


TBH, sometimes I think such people are better off in terms of mental peace & happiness !!

[Lalvaz]

Originally Posted by adwaith

Appeals lie to the State Commission, followed by the National Commission and from there to the Supreme Court. In case of delays, interest will accrue at 8% p.a. until realisation of the amount.

Having read the order, the reasoning is a tad dicey in my personal opinion. Considering that the principle of Caveat Emptor is squarely applicable the complaint should have failed. Unless the dealer has done anything to conceal the fact from the buyer at the time of delivery that an incorrect model was being delivered and the buyer had no reasonable means to ascertain the same, it is the buyer's responsibility. Surprising that the dealer did not take this defence.

The order is a tad lengthy but I'm attaching it for those interested.

[ATTACH=judgement2023-03-01.pdf]2425972[/ATTACH]

In any case like @hp52_vishy says above, make sure you check that everything is in order before you take delivery.

Thank you for sharing the order. I have read it and it seems very reasonable and balanced. The dealer had apparently promised to deliver the new variant, which was to be launched in 6 days from the booking date, but they gave the older variant. When caught on the wrong foot, they tried to mollify the customer with additional warranty worth 23k. These conversations were recorded and presented as evidence. Yet the dealer chose to deny that the customer had booked the new variant. If he choses to go in appeal, he will likely lose there as well.

[AutoNoob]

Originally Posted by adwaith

The order is a tad lengthy but I'm attaching it for those interested.

Thanks for sharing the order. I read it fully. Para 16, 17, 22, 23 and 24 contain the crux of whole matter.

I would say this is a well reasoned order. Though as mentioned earlier, customer may not see any relief soon.

Having read the order, the reasoning is a tad dicey in my personal opinion. Considering that the principle of Caveat Emptor is squarely applicable the complaint should have failed. Unless the dealer has done anything to conceal the fact from the buyer at the time of delivery that an incorrect model was being delivered and the buyer had no reasonable means to ascertain the same, it is the buyer's responsibility. Surprising that the dealer did not take this defence.

Caveat Emptor is a good argument and could have been relied upon. However, I think it wouldn't have made any impact on the outcome of the case. The reason is in bold above.

Also, the dealer staff would have exactly known which vehicle is being sold to the customer. Stock record, inward receipt date for the chassis number are the very first things that dealer staff looks at. Infact, in many cases, dealer staff allocate chassis numbers to potential customers even when the vehicle is in transit to dealership.

Below is the comparison of features in pre-update (Car 1) and post-update (Car 2) vehicles (HTK+ variants) which are at the core of this litigation. Except first highlighted feature, rest can easily be missed by an average customer during the cacophony of vehicle document processing. And I am not saying that the dealer staff deliberately distracted the customer.

Source : Cardekho

Originally Posted by SN88

I won a court case for eviction of a tenant from one of our homes we had given on rent.

I am not a lawyer, so trying to understand. Wasn't it possible to plead for recovery of dues (and interest) as well in the suit for eviction ?

[adwaith]

Originally Posted by ProLearner

But I am confused a little. The article states that the dealership is to deliver the correct version. Also it says, failing to comply with the order, the refund. Will the customer get the new car AND the refund?

The order states that the car the customer booked must be delivered to him within a month and in case the customer requisite model is not available with the dealer, subject to the customer's agreement, any other model may be given after charging whatever differential is applicable. In case the above two don't happen, they are to refund the amount with interest.

In any case the customer will get ₹1,10,000 towards compensation and expenses.

Originally Posted by AutoNoob

Below is the comparison of features in pre-update (Car 1) and post-update (Car 2) vehicles (HTK+ variants) which are at the core of this litigation. Except first highlighted feature, rest can easily be missed by an average customer during the cacophony of vehicle document processing. And I am not saying that the dealer staff deliberately distracted the customer.

That explains quite a bit but, at least in my understanding of reasonable means, the customer still had a chance to check things out.

Legal principles notwithstanding, its quite clear that the dealer has taken advantage of the customer. Thank you for sharing this info.

[SN88]

Originally Posted by AutoNoob

I am not a lawyer, so trying to understand. Wasn't it possible to plead for recovery of dues (and interest) as well in the suit for eviction ?

We tried, but the judge said they are the authority only for eviction procedures. The judgement asked us to approach the appropriate court to start recovery process. Such kind leaves you in a loop. You need an address to serve a notice, if you dont have an address you need help from the police. The police asks you to go to court and court asks you to serve notices and then file a case so that they can summon the tenant whose address is missing

Believe me, the judiciary is challenging, much more than dealing with scumbags!! Can you believe it that if I had disconnected the electricity or even gone to the tenants house to ask him to vacate (just to speak) this would backfire on me as the tenant ( evident that he knows the law so well) would put harrasment charges against me. For my own house!!!!