Man taken for ride on brand 'old' SUV

n.devdath · 15th December 2009, 08:43

Read this article in the TOI today morning. Surprisingly true, but many of us could fall prey similarly. Read On:

MUMBAI: A city businessman who bought a brand new SUV made a startling discovery in the glove compartment: bills allegedly mentioning the repairs the vehicle had earlier undergone.

An Andheri magistrate’s court recently directed the Oshiwara police to investigate Dinesh Shetty’s complaint that the automobile manufacturer cheated him by selling him a damaged vehicle as new.

Shetty bought a Chevrolet Captiva from Bharati Automobiles in Jogeshwari in May 2008 for Rs 20 lakh, impressed by the sales pitch that the vehicles were “good, of great marksmanship’’ and after he was assured of “a quality car and after-sales service’’. Shetty claimed that, in February 2009, he found papers of alleged repairs as well as bills for spare-part replacements, done in March-April 2008.

Advocates Shailesh Kantharia, Shounak Mehta and Afroz Shah, who represented Shetty, said General Motors had sold a damaged vehicle, calling it new. Accusing the manufacturer and the dealer of cheating and criminal breach of trust, Shetty said they had caused “wrongful loss and mental and financial agony’’.

Shetty, in his complaint to the magistrate, sought directives to the police to register an FIR against the accused. Shetty has named senior officials of the manufacturer and the dealer in the complaint.

The National Consumer Disputes Redressal Commission ruled in Shetty’s favour by ordering that notices could be issued to the car-maker and its MD. The commission set aside an order of the State Consumer Disputes Redressal Commission, issuing a notice to the dealer and rejecting the complaint against the manufacturer.

The commission said from a bare reading of Shetty’s complaint, “it would be manifest that the grievance not only related to manufacturing defects in the car but was also (related) to unfair trade practice by the manufacturer and dealer in selling a damaged/repaired car as brand new’’.

tanwaramit · 15th December 2009, 09:06

sad to see the cheating done by dealers, good to see our courts doing the right thing.

Can you share the URL of this story ?

prince_pervez · 15th December 2009, 09:17

How dumb can anyone get. Not even removing the repair bills before delivery of the vehicle is plain dane lazy and absent minded.

Nevertheless, it is unfair and hope the victim gets a brand new Captiva for free, that would be a lesson for wannabees.

Trapezio · 15th December 2009, 09:21

This is just tip of the ice berg guys. There are quite a few dealers who does this across brands. Often people do not notice.

I mean, do you really think that all dealers who repair and sell leave the bills in the dashboard?

falcon009 · 15th December 2009, 09:24

Is there any way we can find out if the brand new car we are buying had been used as a TD vehicle or had undergone repair before? Can the gurus give in their valuable inputs.

ACM · 15th December 2009, 09:25

Dumb Dealer - If you cheat, at least cheat well.

Second wammy against Chevrolet in two weeks. (Though the first judgement (forrester case) seems stupid,) this one is definately something that must attract a sever penalty to deter other manufacturers and dealers in the future.

By the way I just today morning saw a damaged New Chevrolet Cruz (Champaign Silver / Beige colour), - unregistered - going down Mumbai's Eastern Express Flyover.

Was wondering who would be the unlucky customer who would get this one without knowing.

Maybe seeing this judgement the dealer may reconsider any cheating.

rjstyles69 · 15th December 2009, 09:25

With the slow pace of the Indian Judicial system, am sure this is gonna take ages for the judgment to be passed in favor of the poor customer.20 lakhs simply invested on a lemon.

Quote:

Originally Posted by prince_pervez

How dumb can anyone get. Not even removing the repair bills before delivery of the vehicle is plain dane lazy and absent minded.

I wouldn't call it dumbness , rather BLATANT cheating by the dealer causing agony to the unsuspecting buyer.

bblost · 15th December 2009, 09:35

Quote:

Originally Posted by falcon009

Is there any way we can find out if the brand new car we are buying had been used as a TD vehicle or had undergone repair before? Can the gurus give in their valuable inputs.

Refer to http://www.team-bhp.com/forum/buying...heck-list.html

prince_pervez · 15th December 2009, 09:36

Quote:

Originally Posted by rjstyles69

I wouldn't call it dumbness , rather BLATANT cheating by the dealer causing agony to the unsuspecting buyer.

Of course it is blatant cheating. But like someone said here, atleast use your brains before doing that.

kiren · 15th December 2009, 09:40

How come the guy got these bills after 9 months? has he not cleaned serviced this vehicle for so long.

Bharati Automobiles is a Tata - Fiat Dealer now. We can imagine what is in store for these customers.

deutscheafrikar · 15th December 2009, 10:01

Quote:

Originally Posted by kiren

Bharati Automobiles is a Tata - Fiat Dealer now. We can imagine what is in store for these customers.

Yep that's right. They are no more dealers for Cheverolet. Bought a chevy magnum from them in may of 2008. Had more than a couple of bad experiences with them while servicing the vehicle. The last service they did nothing but took the coupons. I wrote an email to GM and they responded quickly but could only apologise for a lousy dealer. Now I go to National Garage and it's a much better experience.
Bharti called me up later saying they were now Tata dealers and to visit them for servicing a Tata vehicle or to buy a new one. I just reminded the guy who called me about the bad experience I've already had wih Bharati and also told him with a few not so good words what I thought about this dealer.

Prithvi · 15th December 2009, 10:07

Mera Bharath Mahan Hai! Come on India wake up! We consumers need to teach these people a lesson. No use in us all keeping quiet. Hope this is a wake up call for all we consumers who buy cars in future.

n.devdath · 15th December 2009, 10:10

Quote:

Originally Posted by tanwaramit

sad to see the cheating done by dealers, good to see our courts doing the right thing.

Can you share the URL of this story ?

Here is the url of the story:

Man taken for ride on brand 'old' SUV - Mumbai - City - The Times of India

setuniket · 15th December 2009, 10:11

Quote:

Originally Posted by rjstyles69

With the slow pace of the Indian Judicial system, am sure this is gonna take ages for the judgment to be passed in favor of the poor customer.20 lakhs simply invested on a lemon.

The case has already reached the National commission, the delay will be relatively less than on other cases which is still pending in the District forum. Being a case of value more than 20 lakhs means that the case was initiated in State commission.

One other good thing is that the manufacturer being charged criminally, this will at least ensure that any such incident the company doesn't get away blaming the dealer. There should be absolute liability on the company in this respect. The dealer is merely an agent to the company.

Ramsagar · 15th December 2009, 10:16

Very bad to hear this. What was the response of GM after this. Are they replacing with a new one?

15th December 2009, 08:43	#1
n.devdath BANNED Join Date: Jun 2009 Location: Bangalore Posts: 4,287 Thanked: 2,811 Times	Man taken for ride on brand 'old' SUV Read this article in the TOI today morning. Surprisingly true, but many of us could fall prey similarly. Read On: MUMBAI: A city businessman who bought a brand new SUV made a startling discovery in the glove compartment: bills allegedly mentioning the repairs the vehicle had earlier undergone. An Andheri magistrate’s court recently directed the Oshiwara police to investigate Dinesh Shetty’s complaint that the automobile manufacturer cheated him by selling him a damaged vehicle as new. Shetty bought a Chevrolet Captiva from Bharati Automobiles in Jogeshwari in May 2008 for Rs 20 lakh, impressed by the sales pitch that the vehicles were “good, of great marksmanship’’ and after he was assured of “a quality car and after-sales service’’. Shetty claimed that, in February 2009, he found papers of alleged repairs as well as bills for spare-part replacements, done in March-April 2008. Advocates Shailesh Kantharia, Shounak Mehta and Afroz Shah, who represented Shetty, said General Motors had sold a damaged vehicle, calling it new. Accusing the manufacturer and the dealer of cheating and criminal breach of trust, Shetty said they had caused “wrongful loss and mental and financial agony’’. Shetty, in his complaint to the magistrate, sought directives to the police to register an FIR against the accused. Shetty has named senior officials of the manufacturer and the dealer in the complaint. The National Consumer Disputes Redressal Commission ruled in Shetty’s favour by ordering that notices could be issued to the car-maker and its MD. The commission set aside an order of the State Consumer Disputes Redressal Commission, issuing a notice to the dealer and rejecting the complaint against the manufacturer. The commission said from a bare reading of Shetty’s complaint, “it would be manifest that the grievance not only related to manufacturing defects in the car but was also (related) to unfair trade practice by the manufacturer and dealer in selling a damaged/repaired car as brand new’’.
	() Thanks

15th December 2009, 09:06	#2
tanwaramit Senior - BHPian Join Date: Aug 2005 Location: Dilwalon ki Dilli Posts: 1,930 Thanked: 497 Times	sad to see the cheating done by dealers, good to see our courts doing the right thing. Can you share the URL of this story ?
	() Thanks

15th December 2009, 09:17	#3
prince_pervez Senior - BHPian Join Date: Dec 2006 Location: Redwood shores, CA, USA Posts: 4,210 Thanked: 51 Times View My Garage	How dumb can anyone get. Not even removing the repair bills before delivery of the vehicle is plain dane lazy and absent minded. Nevertheless, it is unfair and hope the victim gets a brand new Captiva for free, that would be a lesson for wannabees.
	() Thanks

15th December 2009, 09:21	#4
Trapezio BHPian Join Date: May 2007 Location: Kerala Posts: 640 Thanked: 63 Times	This is just tip of the ice berg guys. There are quite a few dealers who does this across brands. Often people do not notice. I mean, do you really think that all dealers who repair and sell leave the bills in the dashboard?
	() Thanks

15th December 2009, 09:24	#5
falcon009 BHPian Join Date: Dec 2009 Location: Bangalore Posts: 88 Thanked: 4 Times	Is there any way we can find out if the brand new car we are buying had been used as a TD vehicle or had undergone repair before? Can the gurus give in their valuable inputs.
	() Thanks

15th December 2009, 09:25	#6
ACM Distinguished - BHPian Join Date: Mar 2008 Location: Mumbai Posts: 4,745 Thanked: 4,361 Times View My Garage	Dumb Dealer - If you cheat, at least cheat well. Second wammy against Chevrolet in two weeks. (Though the first judgement (forrester case) seems stupid,) this one is definately something that must attract a sever penalty to deter other manufacturers and dealers in the future. By the way I just today morning saw a damaged New Chevrolet Cruz (Champaign Silver / Beige colour), - unregistered - going down Mumbai's Eastern Express Flyover. Was wondering who would be the unlucky customer who would get this one without knowing. Maybe seeing this judgement the dealer may reconsider any cheating.
	() Thanks

15th December 2009, 09:40	#10
kiren BHPian Join Date: Nov 2007 Location: mumbai Posts: 454 Thanked: 33 Times	How come the guy got these bills after 9 months? has he not cleaned serviced this vehicle for so long. Bharati Automobiles is a Tata - Fiat Dealer now. We can imagine what is in store for these customers.
	() Thanks

15th December 2009, 10:07	#12
Prithvi BHPian Join Date: May 2005 Location: BANGALORE Posts: 302 Thanked: 25 Times	Mera Bharath Mahan Hai! Come on India wake up! We consumers need to teach these people a lesson. No use in us all keeping quiet. Hope this is a wake up call for all we consumers who buy cars in future.
	() Thanks

15th December 2009, 10:16	#15
Ramsagar Senior - BHPian Join Date: Dec 2006 Location: BLR_Nellore(AP) Posts: 1,396 Thanked: 252 Times View My Garage	Very bad to hear this. What was the response of GM after this. Are they replacing with a new one?
	() Thanks