My car met with an major accident, and insurance was expired so had to repair it on my pocket expenses. Authorized center repair cost was very high so had to repair it through local garage in Pune. So I had placed my car at local garage which was 35 kms away from my home on 24th October 2020. To Garage Owner Gufraan Khan, and Garage Name Afiya Motors. Gufran promised me that he will return the car in January 2021. with an estimated total repair cost range of Minimum 1,50,000 to 1,80,000 Maximum Everything was oral commitments. all payments were online. Paid advance 50K on 24th October 20 then i checked the repair status on phone he said minor work pending he asked 30K which i transferred on 15 February 2021. Then covid started. i shifted to my hometown. Then i followed in May 2021 again for status, he said minor work pending and transferred 20k on 27th May 2021. Another 10k on 11 June 2021 for delay he was giving reasons of covid deaths in his family. i kept patience. Then i returned to Pune in August 2021. realilzed he has closed his garage, and was doing service at another garage where he has moved my car. Also various working parts of my car were missing (Major one was music system). he said his employees at his own garage stole those. but he will arrange and nothing to worry. then september 2021 to december 2021 followed up with him consistently and he finally made some progress and major body parts were replaced and fixed. In January 2022 i transferred him another 10K, which he said needed for material purchase. he started his own garage with another partner with another garage name, and shifted my car there. Now he seems to be not able to fix dashboard of the car maybe due to various stolen items. and he is keep telling me 3-4 days 3-4 days since January 22 till now. but no progress observed on remaining work. Please advice i am helpless now, 120000 has been transferred. i cant collect and move the car to other garage because it will again be very costly due to key stolen items (only purchase of new music system will cost me around 50000).
take your car from garage and send it to authorised service centre for repairs
it appears that garage owner is being taking you for ride
file complaint against garage owner before consumer forum and seek orders to direct garage owner to refund your money for failing to carry out repairs
This is clear case of deficiency of service and case of consumer complaint. But as the service provider is out of business, he cannot compensate you. This is also a case of criminal breach of trust, approach local police with complaint under Section 406 of IPC, the offence is cognizable. Once matter goes to police he will be compelled to settle with you. This is the fasted way to recover your money, any other case will be futile exercise.
You can file a consumer complaints Against him and get the refund. First collect your car in the same condition and then serve a legal notice to him. He will do the needful.
Hi, you can lodge police complaint against him for cheating and you can file a complaint in the consumer case for deficiency in service.
You have been thoroughly cheated by the mechanic.
Even now, you can retrieve your car with fully repaired or by making the mechanic paying the amount collected by him after deducting some charges.
You can issue a legal notice to him demanding both your car or the money what you have given to him along with the fully repaired car or the money you paid him and the car after deducting some charges for the service he had done so far.
Failing to respond to the legal notice you first give a complaint against him with the local police and after that you can approach consumer forum for relief and compensation.
The legal notice containing the details of the repairs to be carried out or carried out, the amount given to him, his delay and deficiency in service, along with the complaint copy with the police shall be produced as documentary evidence for filing the consumer complaint.
Thanks. I have below plan crafted for speedy repair / or recovery of money. please suggest any improvisation in this. Step 1) Approach local police with complaint under criminal breach of trust and cheating. Once matter goes to police he should be compelled to settle, which seems to me is fasted way to deal with him. Step 2) Then if no progress issue a legal notice to him demanding both fully repaired car or the money, The legal notice containing the details of the repairs to be carried out or carried out, the amount given to him, his delay and deficiency in service Step 3) Even no progress file consumer complaint with legal notice and police complaint copy as documentary evidence
1) police may not intervene saying it is a civil dispute
2) you can file police complaint , issue legal notice and file complaint before consumer forum
1. The police will not be able to get your money recovered also it is not easy to get a criminal complaint registered with the police in this regard.
2. You can issue a legal notice through your lawyer.
3. That would be final option.
Yes you can do the aforesaid
Dear Client,
You may go for this plan but will definitely be a very long time consuming affair. However, in case of either a fear of ensuing a criminal or consumer case against himself will have greater impact on the offender as well as might also create a sense of losing means of livelihood and detrimental to business can be a pressing factor as it would be shorter notice for them to prepare for a legal battle instead of your plan.
Thanks & Regards
Next Part. So dears based on your guidance, I first attempted to file a police complaint. Police didn't register my complaint due to lack of any supporting documents but they helped me in unofficial manner, They called Gufran to police station on 27th April 2022 and asked him to do the repair work ASAP. Also they asked him to give assurance in writing on 500 Rupees Stamp paper notarized manner which Gufran did, the copy of that Notarized agreement is with me. In the agreement Dated 27th April 2022, he has agreed that "he will handover the fully repaired car to me on 30th April 2022. without seeking any additional money and all the expenses whatever it is to repair will be borne by Gufran". But he failed to keep his promise again. So I started over phone and in person to check the repair status. Upon seeing negligible progress i told him that i will go to Police station, So to prevent me from going to Police station he offered me periodically some money as for my transportation convenience. As per below breakup - 1) On 20th July Rs. 3500 2) 25th July Rs. 6000 3) 30th July Rs. 4500 4) 23rd September Rs. 4500 So In Total Rs. 18500 he has made UPI transfer to me as transportation convenience. Now Gufran has joined as a manager to another big garage, his employer seems to be having close relations with Top Police Officials as well as Politician. So with backing from his employer he is now refusing to repair, neither he is handing me the car. and kind of started threatening me saying i extorted money from him in the name of police. Car is now 85% ready. but unable to get my car back. please guide me.
File complaint against G before consumer forum seek orders to direct G to repair the car and deliver same
reky upon agreement executed by G wherein he agreed to carry your repairs
You can file a complaint with the police that he is not returning the car and demanding heavy amount to return the car.
Besides you can file a suit before civil court for recovery of your car as well as the charges/expenses incurred for the repair of your car.
If the police is not accepting your complaint you can appraoch senior police officer or judicial magistrate court with a petition under section 156(3) cr.p.c. seeking direction to police to tak action against the said person.
Both consumer court and criminal case is remedy for you for getting your car back and penalising him