One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr. X purchased a vehicle from X.brand Auto Services in City A two weeks ago. Despite paying the full amount, the dealership failed to provide essential documents including insurance papers and extended warranty documents. Although Mr. X specifically requested vehicle registration in his home district City B, which the dealership initially agreed to, they registered the vehicle in City A instead. The dealership then demanded additional fees for transferring the registration to City B. Mr. X also discovered that the promised accessories were not installed, and the dealership was avoiding his calls. This constitutes clear violation of consumer rights and breach of contract terms agreed upon during purchase.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Document everything including purchase agreement, payment receipts, and communication records with the dealership. File a formal written complaint with the dealership’s management giving them a specific timeline to resolve issues. Consider approaching consumer forums for unfair trade practices if the dealership continues to avoid responsibilities.

Applicable Sections of Law

This case involves violations under the Consumer Protection Act 2019 and BNS provisions. Section 318 of BNS deals with cheating and dishonest inducement. Section 61 of BNS covers criminal breach of trust when someone fails to fulfill agreed obligations. BNSS Section 154 allows filing complaints for consumer fraud. The Motor Vehicles Act also applies for improper vehicle registration procedures. These sections collectively address the dealership’s unfair practices and breach of contractual obligations made during vehicle purchase.

If You Are the Complainant

• Gather all purchase documents, payment receipts, and communication records with the dealership
• File a written complaint with dealership management demanding resolution within 15 days
• Approach the District Consumer Disputes Redressal Commission for compensation and proper service
• Report to RTO authorities about improper vehicle registration against your explicit instructions
• Consider filing police complaint under BNS for cheating if dealership continues fraudulent practices

If You Are the Victim

• Immediately stop all further payments to the dealership until issues are resolved completely
• Send legal notice through advocate demanding delivery of pending documents and proper registration
• File complaint with automotive manufacturer about their authorized dealer’s unethical practices
• Approach consumer court seeking compensation for mental harassment and financial loss caused
• Consider canceling the purchase agreement if dealership fails to fulfill basic contractual obligations

How the Police Behave in Such Cases

Police typically treat such matters as civil disputes initially and may suggest approaching consumer courts. However, if clear evidence of cheating or fraud exists under BNS provisions, they must register FIR. Police often advise mediation first but can take action when dealerships violate explicit agreements or engage in dishonest business practices that constitute criminal offenses under the new criminal codes.

FAQs People Normally Have

Can I cancel the vehicle purchase? Yes, if the dealership fails to fulfill contractual obligations, you can seek cancellation and refund through consumer courts.

What compensation can I claim? You can claim refund, compensation for harassment, and damages for breach of contract through consumer forums.

How long does consumer court take? District consumer courts typically resolve cases within 6-12 months depending on complexity.

Can police help in this matter? Yes, if there’s clear evidence of cheating or fraud under BNS provisions.

What Evidence Is Required?

• Original purchase agreement and invoice showing agreed terms and conditions
• Payment receipts and bank statements proving full payment made
• Written communication or recordings proving registration district agreement
• Photos or videos of missing accessories mentioned in purchase contract
• Call records and message screenshots showing dealership avoiding communication
• RTO documents showing incorrect registration against your explicit instructions
• Witness statements from people present during purchase negotiations

How Long Will the Investigation Take?

Consumer court proceedings typically take 6-12 months for resolution. Police investigation, if initiated under BNS provisions, may take 2-3 months for charge sheet filing. RTO complaints regarding improper registration usually get resolved within 30-60 days. Timeline depends on cooperation from the dealership and availability of clear documentary evidence supporting your claims.

Advocate Sudhir Rao, Supreme Court of India