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Cheeting while delivery of car

(Querist) 10 December 2014 This query is : Resolved 
Hello,

I have purchased a Chevrolet Enjoy car in the mid of January14 from Thane, Maharashtra. While booking the car dealer had provided quotation for 2013 Model & 2014 Model. There is a difference of Rs.30, 000/- between these years. I went for 2014 model and hence paid excess payment of Rs.30, 000/-. But I have been delivered 2013 Model since I have paid for 2014 Model. Done lot of communication with dealer regarding the said issue. They are saying its 2014 model since vehicle registered in January 2014. According to me, Vehicle is of 2013 Model since windshield of car (glasses of car) shows 2013 Model. Dealer is disagreeing with 2013 Model. Hence raise this issue to General Motor (Chevrolet).
I came to understand while calling on customer care of GM, there system record for my vehicle chassis also shows 2013 Model. Hence I raise a complaint to the GM thru mail for clarification of model year. They reply me, your vehicle production and manufacturing year is Jan.2014. Hence, again top up a mail if it is manufactured in Jan’14 then why glasses of car show 2013 Model. But they didn’t reply me. Need your advice and suggestion since I don’t have proof except glasses of car show 2013 Model and GM system record for my vehicle chassis shows 2013 model. How would I prove and can I go for legal action?

Thanks & regards
Tauras



ajay sethi (Expert) 10 December 2014
do you have any letter from GM that as per system record for your vehicle chasis is of 2013?

the company later letter denies that manufacturing year of car is of 2013 .

merely because glasses are of year 2013 does not mean car is manufactured in 2013
Tauras (Querist) 11 December 2014
Mr.sethi thanks for your reply.

I don't have any letter from GM.But when I called on customer care no of GM asking for model year by providing chassis's no of my vehicle they say as per our system record your vehicle is 2013 year.

Further, General motor complaint dept has given me in writing that your vehicle is manufactured in Jan 2014.but they have not provided any identification for the same so that I can believe its 2014 model. Just imagine if car is manufactured in 2014 then why they used glasses of 2013. To the best of my knowledge, glasses of car (winsheid )itself one of the identification which represent year of manufacture of vehicle & another one is chassis's of vehicle.

Please advice
Devajyoti Barman (Expert) 11 December 2014
You can file case in consumer forum if there is any deficiency of service or unfair trade practice from the part of GM.
Anirudh (Expert) 11 December 2014
Dear Mr. Tauras,

You have to be sure whether you wanted 2014 Model or 2014 Make. Both are completely different.

In the model, you will have changes in certain features of the Car.

In the Make, it is the year of the make and has nothing to do with model.

Therefore, unless you will be able to prove that you ordered for 2014 Make (and to expect a make of 2014 in Mid January seems little odd) as it is not made to order stuff but would have been rolled out at least 15-20 days ahead depending upon where the plant is and where the distributor is etc. etc.).

Even on a car which was actually manufactured on 1st or 2nd January, 2014 - I am damn sure that the chassis would not have been manufactured on 1st or 2nd January but definitely prior to that. That means the Chassis will carry the year as 2013 and not 2014. Will that make it as a 2013 make car? I am doubtful.

I fully agree with you, that having charged extra Rs. 30000/- for 2014 Model or Make, they have to clarify what they meant by that. But you should definitely have written proof that you ordered for 2014 make and that they specifically charged Rs. 30000 more for that purpose. (Even prevailing price for 2013 make at that point of time would be sufficient to prove that you had been charged Rs. 30000 extra.) You should make written complaint and issue legal notice. Then take forward the matter before the Consumer Forum, but remember that you have to do it within TWO YEARS from the date of purchase. Otherwise limitation will hit your approaching the Consumer Forum.

BUT WHY DID IT TAKE YOU SO LONG, TO RAISE THIS ISSUE?

The sites like
www.ehow.com
www.autohausaz.com/html/vehicle_identification_numbers.html
etc. give you tips as to how to identify your cars vehicle identification number including year of make.

You may like to check up.
Rajendra K Goyal (Expert) 11 December 2014
Well advised, agree with the advise of expert Anirudh.
V R SHROFF (Expert) 11 December 2014
ISSUE NOTICE & SEEK REPLY , WHETHER THE CAR ID 2014 MODEL.

2014 MODEL NEED NOT HAVE ALL PARTS MFG IN 2014. [ specially in month of Jan 2014.
ajay sethi (Expert) 11 December 2014
you can if you so desire file complaint before consumer forum but your legal expenses would be more than Rs 30,000 . you have to decide whether you want to spend 2 years running around courts wherein results are uncertain
Dr J C Vashista (Expert) 12 December 2014
I agree with experts, you should proceed legally through a local lawyer to bring such cheaters to the book.
malipeddi jaggarao (Expert) 13 December 2014
What does the quotation say? When you have obtained the quotation? In the year 2013 or 2014. Has the quotation mentioned different rates for two models? In general terms if the car is registered before 31st Dec.2013, the model is called 2013 model and if it is registered on or after 1st January 2014 it is called 2014 model. The engine, chassis might have manufactured long back and assembled long back. when you have paid the money. If you have paid money in January, the enhanced price comes into effect. The Car manufactuers/dealers do give rebate to boost up their sales by increasing prices from January. Practically there is no any grouse except they charged Rs.30000. If the invoice is in Jnauary, they are correct and if the invoice is in December, your stand is correct. File a case with consumer forum with all relevant papers and spend good money and time.
Tauras (Querist) 14 December 2014
I got quotation wherein Price for 2014 Model & 2013 Model Shown Separately. Invoice was generated in Jan14 & Vehicle also regd in Jan.14. While making an advance payment, I have prepared acknowledgement letter wherein all details mentioned like 2014 Model, Color of Car etc. Have a doubt suppose I file a case with consumer forum how my expense would be more than 30K. I believe consumer can fight himself in consumer forum so how my expense would be more than 30K. Request your co-operation before approaching consumer forum & spending long time.
T. Kalaiselvan, Advocate (Expert) 15 December 2014
I agree with the views of experts on this issue.


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