If you are stuck in such a situation, here is what to do.
Mr. Sameer Verma, a resident of the city of Anandpur, was looking to purchase a certified pre-owned car. He came across an advertisement from a well-known online car resale platform, “AutoSwift Deals Pvt. Ltd.” After browsing their website, he selected a vehicle and paid a booking amount of ₹75,000 online on March 15th of this year. The company promised to deliver the car to his address at 12B, Riviera Heights, Anandpur, within seven working days after completing the paperwork.
However, weeks turned into a month, and there was no sign of the car. Every time Mr. Verma called customer service, he was given vague excuses. Eventually, the company stopped responding to his calls and emails altogether. Frustrated and feeling cheated, Mr. Verma realized that the company was deliberately avoiding him and had no intention of either delivering the car or refunding his money. He was left in a difficult situation, having lost a significant amount of money to a seemingly reputable company.
Advice in such cases
Facing such a situation can be distressing. The company’s refusal to communicate is a clear sign of unfair trade practices. Here is some advice on how to proceed:
Gather All Documentation: Compile every piece of evidence you have. This includes the payment receipt for ₹75,000, screenshots of the car advertisement, all email correspondence, and records of phone calls made to the company.
Send a Legal Notice: The first formal step is to have a lawyer send a detailed legal notice to the company’s registered office. This notice should clearly state the facts, demand the refund of your money along with interest and compensation, and state that you will initiate legal proceedings if they fail to comply within a specified period (usually 15 or 30 days).
File a Consumer Complaint: If the company does not respond to the legal notice, you can file a complaint against them in the appropriate Consumer Disputes Redressal Commission under the Consumer Protection Act, 2019.
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 of 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.
Applicable Sections of Law
Your case primarily falls under the purview of consumer law, but other laws may also be relevant.
The Consumer Protection Act, 2019: This is the primary legislation to protect your rights as a consumer. The company’s actions amount to “deficiency in service” and “unfair trade practice.” You can seek a refund, compensation for mental harassment, and litigation costs.
The Indian Contract Act, 1872: The agreement to purchase the car is a contract. The company’s failure to deliver the car is a breach of this contract, entitling you to claim damages.
Bharatiya Nyaya Sanhita, 2023 (BNS): If there is evidence of dishonest intention from the very beginning, the company’s actions could potentially constitute cheating under Section 318 of the BNS. However, the most effective and direct remedy is through the consumer courts.
If you are the complainant
As the complainant, you are the one initiating the legal action. Your role is to present the facts and evidence clearly to the court.
Be Organized: Keep all your documents and evidence in chronological order. This will help you and your lawyer present the case effectively.
Draft a Strong Complaint: Your complaint should narrate the entire sequence of events, from paying the booking amount to the company’s refusal to communicate. Clearly state the relief you are seeking (refund, compensation, etc.).
Determine Jurisdiction: The complaint must be filed in the correct Consumer Commission. For claims up to ₹50 lakh, you would file in the District Commission. Your lawyer will guide you on this.
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 of 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.
If you are the victim
Realizing you have been cheated can be overwhelming. It is important to act strategically and not emotionally.
Do Not Delay: The law provides a time limit for filing cases. A consumer complaint must generally be filed within two years from the date the cause of action arose.
Preserve All Communication: Do not delete any emails, text messages, or chat conversations with the company. Take screenshots of everything. This digital evidence is crucial.
Understand Your Rights: As a consumer, you have the right to be protected against unfair trade practices and to seek redressal against them. The law is on your side if you can prove your case.
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 of 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.
How the police behave in such cases
In disputes like this, which are primarily of a civil or consumer nature, the police may be hesitant to intervene directly. If you approach the police, they will likely advise you that this is a contractual dispute and the appropriate remedy is through the consumer court or a civil court. However, if you can present strong evidence suggesting a pre-meditated intention to defraud (cheating), they may register a First Information Report (FIR) under Section 318 of the BNS. Filing an FIR does not stop you from pursuing your case in the consumer court simultaneously.
FAQs people normally have
Can I file a consumer case on my own without a lawyer?
Yes, the procedure is designed to be consumer-friendly, and you can appear in person. However, companies often have experienced legal teams. Hiring a lawyer who specializes in consumer law significantly increases your chances of success and ensures all legal formalities are correctly followed.Where do I file my complaint?
The complaint is filed based on the value of the goods/services and the compensation claimed. For claims up to ₹50 lakh, it is the District Consumer Commission. For claims between ₹50 lakh and ₹2 crore, it is the State Commission, and for claims above ₹2 crore, it is the National Commission.What happens after I file the complaint?
The Commission will issue a notice to the opposite party (the company). They will be required to file their reply. The Commission will then hear arguments from both sides, examine the evidence, and pass a final order.
What evidence is required?
Strong evidence is the backbone of any legal case. For a consumer dispute against a car company, you will need:
Proof of payment (bank statement, UPI transaction details, receipt issued by the company).
The initial advertisement or listing of the car.
All written communication, including emails, WhatsApp messages, and letters.
A copy of the legal notice sent to the company and the postal receipt.
An affidavit stating the facts of the case.
How long will the investigation take?
The term “investigation” is more common in criminal cases. In consumer cases, the process is called “adjudication.” The Consumer Protection Act, 2019, mandates a speedy trial, aiming to decide cases within three to five months from the date of notice to the opposite party. However, in practice, due to the high volume of cases, it can sometimes take longer, ranging from a year to eighteen months. The complexity of the case and the tactics used by the opposite party can also influence the timeline.
Advocate Sudhir Rao, Supreme Court of India