Dear member,
I booked car of my choice colour in Pune through corporate financer without any down payment on 5 Nov 2020 with waiting period of 9-10 weeks.
On 18 Dec 2020, received email from dealer that waiting period has been revised to 10-11 weeks. I asked dealer on same email whether it is applicable for me or not. No response received.
On 6 Jan 2021 (after 10 week passed), called Car manufacturer and they informed me that my booking has 8-9 weeks waiting period.
On 14 Jan 2021, wrote to dealer about vehicle status becuase all waiting period timeline passed and dealer told that the colour i booked has more waiting period and vehicle will come in March 2021. And it was a miss communication from their side as they failed to inform me this earlier.
Then i gave them alternate color option to expedite vehicle delivery.
Car with alternate colour option has arrived and now almost ready for delivery.
I sent legal notice to them for defermation in service and mis-communication and demanded for compensation either in form of monetory or accessories.
They are only offering accessory worth INR 5K.
In this situation:
1. Does this situation qualify for legal case against dealer?
2. Shall I proceed with legal case in consumer court?
3. Shall I take delivery of vehicle and proceed with legal case in parallel?
All communications are in form of email and recorded telephonic conversation.
Looking forward for your kind suggestions.
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Thanks in-advance
According to your query, I would to enlighten you about few essentials of an agreement after which you may understand the concept of claiming for compensation more easily.
An agreement between a supplier as well as a buyer for the purpose of delivering goods or providing with services, generally includes an engaging delivery date for seller.
It is essential to specify the contract application of penalties for the purpose of late delivery for not meeting the prescribed deadline or time limit mentioned therein.
This principle ensures that the suppliers make delivery on the date of defined in contract and embarks a compensation offered to the buyer in case there is any damage suffered because of the delay in execution of the contract.
In situations of delay in delivery beyond a certain time prescribed, the buyer if free to either cancel the order or even ask for payment as a financial compensation for the same.
Penalties for late delivery between professionals [i.e Business to Business (B to B)] are generally not defined by law (unlike the penalties for late payment).
While on the other hand, agreement between the parties. If they are not specified in the contract, the buyer may not apply them to the defaulting partner.
A thing to be kept in mind is that the principle of compensation for buyer (for the purpose of late delivery) is aimed to be applied only to products that are concerned by the delay.
Thus, there is no principle that is applicable if only one part of the product or service promised was affected by the delay.
Therefore, it would be better to apply for compensation through the medium of Consumer Court.
Hope It Helps
Regards
Kevin M. Paul
