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rajiv (ceo)     24 October 2023

criminal civil or consumer forum

respected forum members
I had purchased second hand car from a dealer who had mentioned new tyres new clutch plate new break pads with 3 months warenty in official booklet pdf . market place of Facebook . after giving money and signing on delivery note I took car and found problems in first 5 kms dealers assured to rectify problem but later denied avoided
car is not transferred in my name. promise of ten fifteen days but already 120 days over.
police did not lodged Fir but taken application and closed dramatically in three days by issueing letter to approch consumer forum.

is it correct ?


Learning

 6 Replies

Advocate Bhartesh goyal (advocate)     24 October 2023

Issue legal notice to dealer and ask him to remove defects exists in car if he does not remove or ignore then file complaint  before District Consumer Commission .

Dr. J C Vashista (Advocate )     24 October 2023

Besides consumer fora a police complaint / FIR of cheating and fraud and a civil suit for permanent and mandatory injunction would be maintainable.

 

Sudhir Kumar, Advocate (Advocate)     24 October 2023

consumer court can be expected to give effective remedy.

 

however criminal case of cheating can be filed by giving application to the ilawa magistrate if police has abstained from registering FIR.

P. Venu (Advocate)     24 October 2023

You have option to approach the consumer forum as well civil and criminal actions.

Perhaps, serving the legal notice itself may resolve the issue.

T. Kalaiselvan, Advocate (Advocate)     25 October 2023

You can approach the issue through criminal law for the offences of cheating, breach of trust etc. 

You can approach consumer commission for deficiency in service, unfair trade practice and for recovery of the amount paid.

You can discuss with a local advocate and proceed as suggested

rajiv (ceo)     27 October 2023

trying for criminal case first

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