I bought a used premium SUV about a year back. First owner hid serious issues with car and now I am facing big failures. He wont take the car back. Deal was directly between me and owner (ad seen on olx). I have invested money in repairs but now now the transmission has failed and the cost of repair is more than the buying cost. I am not a car expert and only later found out that it had - 1. accident left side and repainted. (I got the car dented and repainted) 2. real ODO reading was 130000 whereas they tampered the ODO reading to show 65000. Found this out when took car history from company during a service. 3. Its transmission was opened up and was repaired. Found this during second service when car was on lift and was having jerky gear change. The Cash receipt (original) that I have reads - "Car is sold and delivered in perfect running order and condition, as seen tried and approved and as it stand to-day". I got most of the issues repaired as I found them, however, the current transmission failure is a major issue with the cost of repair is too much (near the cost of a small car). The history maintained with the company proves that they tampered with the ODO meter and sold me the car showing wrong ODO reading. What legal action/remedy options are available?
file case of cheating , criminal breach of trust against seller under section 406, 420 of IPC
2) issue legal notice to seller to refund your money and take back car as ODO meter reading has been tampered with to show 65000 whereas it had run 130000 kms
3) if he refuses sue the seller to recover your money with interest
Sir,
Since it is breach of trust and misrepresentation you can file a criminal complaint along with police complaint. Also you can proceed in compensation through a civil proceeding.
A used Vehicle sale comes under Caveat Emptor policy.
Any sale in OLX is on a "As is where basis" and the buyer should have reasonably inspected the Vehicle before acceptance of delivery.
The buyer has accepted the Vehicle and paid the money thereafter, then he cannot return the vehicle and seller do not need to refund the money.
Firstly, you should send a legal notice to the seller to refund your entire money with interest as the odometer had been tampered with. Also mention that you would be taking criminal action, in case the seller fails to refund your entire money within 15 days of receipt of the legal notice.
If he fails to do so, you should file a complaint with the police against the seller as the tempering of the odometer amounts to fraud and criminal breach of trust on part of the seller.
Set the basic principle is the buyer beware you would happy Card check by an expert food have provided you think knowledge of any accident denting and painting and any engine problem now this car is 1 year old with you and eventually you will have no claim on this.
The only remedy for you is suing the previous owner in civil court for breach of contract, on the grounds of misrepresentation and claim compensation and damages.
Don't think of moving consumer court, as the previous owner isn't a dealer. Further, you won't succeed in action against olx in consumer court, as it has defence that it's only a platform and is no way involved in actual dealings between the buyer and seller
You can make complaint against seller sectuon 17 Fraud the Indian Contract Act, 1872.
Indian Contract Act, 1872
17. "Fraud defined
"Fraud" means and includes any of the following acts committed by a party to a contract, or with his connivance, or by his agents , with intent to deceive another party thereto or his agent, or to induce him to enter into the contract:
(1) the suggestion as a fact, of that which is not true, by one who does not believe it to be true;
(2) the active concealment of a fact by one having knowledge or belief of the fact;
(3) a promise made without any intention of performing it;
(4) any other act fitted to deceive;
(5) any such act or omission as the law specially declares to be fraudulent.
Explanation: Mere silence as to facts likely to affect the willingness of a person to enter into a contract is not fraud, unless the circumstances of the case are such that, regard being had to them, it is the duty of the person keeping silence to speak, or unless his silence is, in itself, equivalent to speech.
You have bought the car on as is whre is basis.
It was your duty to have the car properly inspected by a skilled mechanic especially when yo intend to buy such a costly car.
Any claim against the damages may not be maintainable at this stage.
If you intend to initiate any legal action agaisnt the seller, you may suffer more losses in the name money, time and energy which may ultimately not even yield any fruit, so better think of further course of action instead of planning any legal action.
See you can file a civil suit for recovering the damages from seller as he has cheated you or mislead you to purchase the car but see substantial time period has been passed so there will be less chances case will succeed.
Further file a criminal complaint for cheating and breach of trust with the police.
Dear client
since you could very well ascertain all these facts before buying the SUV and the law always says buyer beware means you must have checked all these things before buying. However you can sue him if you could prove that the car was accidental and he sold it to you by playing fraud on you.
Adv vikas
Hello,
There is a term called Caveat Emptor , i.e. Let the buyer beware , so you have the duty to inspect the car with due care and attention , while the owner has the duty to reveal all the material defects which cannot be identified . So you can file a suit claiming damages for misrepresentation.
Regards.
This is clear cut violation of agreement of purchase and can be challenged by filing an FIR and Civil Suit both but when you have signed a receipt and what has been written in that then chances of success are remote and difficult and required skill and time both. Please obtain a report of authorized car repairing center before taking these steps regarding the accident occurred to the vehicle how much years back.
