If the problem is not resolved then it is a fit case where you can file case before the consumer forum.
I purchased a 4 wheeler on 2nd December 2022 from a well established car dealership (new vehicle). Within a month of the purchase the car is displaying GPS malfunctioning issues which is a basic feature of any car. For one year I’ve raised complaints, sent the car for service, gotten the infotainment and GPS sensors replaced by the dealership - however the problem resolves for a few days or weeks and then back to the same issue. I have paid full price for my vehicle (24 Lakhs on road) and facing such a basic problem which is not getting fixed at all. I want to return this vehicle and get a refund. Is this possible? What other legal recourse can I take?
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If the problem is not resolved then it is a fit case where you can file case before the consumer forum.
First you need to issue legal Notice and thereafter you can lodge consumer complaint before District Consumer Commission.
1. Send a legal notice to the dealer to replace the defective vehicle with a new one.
2. If there's no positive response from the dealer, approach and file a case in the jurisdictional Consumer Court for unfair trade practices being practiced by the dealer.
You would not get refund
only court orders to rectify defect within stipulated period
file complaint before consumer forum
If the dealer is not entertaining your issue and is declining to accept your proposal to return the car and refund your money, then you may issue a legal notice demanding replacement of car (which may not be legally possible because the registration is already done) or get it properly serviced so that the problem do not recur or to return your purchase amount.
You can approach consumer distress redressal commission if you do not get a proper response for your approaches/efforts.
Dear Client,
Within the first 30 days of purchasing any product including a new or used car, that turns out to be defective, you have the legal right to request a complete refund under the Consumer Rights Act of 2015. Additionally, the law protects you from having maintenance and repairs done on your car that make it malfunction.
Hope this answer proves beneficial to you.
- Since, the said car started to give trouble within a month of purchase , then the dealer is bound to refund the entire amount or to replace the same.
- You can send a legal notice through a lawyer for the refund of the amount
- If no positive response, then file a complaint before the Consumer Forum for getting refund and to claim compensation for mental harassment.