I booked a car in my wife's name.Based on the proforma Invoice given to me by the dealer on April 30 2013 I applied for the loan from my banker, the loan was sanctioned during the first week of may. The loan was not arranged by the Dealer. It is arranged by me from my existing banker. Due to some reasons I did not buy the car then. That time the car price was 547410/= on road. In july I booked the car with an initial payment of Rs. 10000/= and on 31st july I paid full payment of 547410 as per the proforma invoice without deduction the advance paid as my bankers insisted that I should pay the entire on road value through them including my margin money and said that I can collect back my booking amount from the dealer. The loan was sanctioned by the bank and disbursed to my wife's SB account. From the SB A/c. I paid a DD in favour of the car dealer by paying DD charges. Now I had paid a total of Rs. 557410/=. After taking the payment, the dealer informed me that the Huyndai is giving a special discount for that month and the discount amounts to about 40000/= thus there was an excess amount of rs 57000/= approx. paid to them. The dealer first said that the money will be refunded the next day. However, even after 3 days, the money was not returned. On questioning them, they started forcing me to take accessories for the excess amount. I refused to buy and insisted on refund of the money. Then even though my banker was not connected with them, they approached my banker and started telling them that I have refused to buy the accessories from the money the bank has sanctioned and I am asking for the refund of money and am trying to siphon the money off.( actually bank has not sanctioned any money for the accessories. Annoyed by the act of the dealer to contact my banker and trying to damage my image, I cancelled the booking of the car from them and asked for the refund of the entire money. I refused to refund the money and said the money can be refunded only on getting the loan cancellation letter from the bank. I sent a legal notice to them. Now by this time, they had been contacting the bank and were advocating the bank to cancel my loan account and have asked the bank manager to issue letter of loan cancellation for refund of money. However, to my legal notice they have replied to my advocate,as if I have asked them to commit fraud upon the bank by giving the money back to me.They have again stated that my cancellation of the car booking is not valid and that the cancellation has to come from the bank and then only the money will be refunded. I fail to understand as to why the bank should cancel the booking of the car and cancel my loan account, when I have booked the car as if I don't have any identity of my own. I have informed the bank all about this to the bank in writing. It has been one month since the letter for cancellation is made. I still have not received the money back.Actually, the intention of the car dealer is to see that the loan I obtained should be cancelled and I should not get the loan from my banker.
There is not tripartite agreement between the bank, myself and the car dealer. Nor the bank had directly released the loan in the name of the car dealer. It is disbursed to my account and from their I have taken DD and paid to the dealer.It is also not the case where the bank has asked the dealer to obtain its permission before cancelling the booking of the car. The car dealer in his reply has himself declared me as defrauder.
Now my question is, whether the car dealer has any right to reject my cancellation of the booking and deny the refund. Are there any rules that the bank has to cancel the booking of the car which they have not done on my behalf.Are there any rules that the car dealer can insist on cancellation of my loan account. He by doing to has damaged my reputation with the bank. Does it not amount to deficiency of service.Is there any way I can quickly get my money back immediately. Can I file a cheating case against him with police. Can I a file a complaint against him in consumer forum for deficiency of service. If so can consumer forum pass a interim order asking him to repay my money paid to him immediately.
Please somebody guide me.
Thanks in advance.
Prasanna kumar
