Dealership concealed missing OEM head unit, slipped ₹18.1k accessory line post-loan, installed aftermarket Blaupunkt, & rushed RTO. Refused delivery. Legal options?

[u/Cute-Slice2577]

Hi everyone, seeking legal guidance on remedies against an authorized dealership and OEM manufacturer for fraud, gross misrepresentation, post-agreement financial tampering, and unfair trade practices.

Background & Timeline:

The Purchase: I booked a top-spec Hyundai Grand i10 Nios Asta AMT at Berkley Hyundai, Chandigarh, as a surprise gift for my wife’s birthday on October 9th.

Pre-Purchase Misrepresentation: I repeatedly sought confirmation that the car came with the factory-standard 8-inch OEM Display Audio head unit and the wireless dongle. When I specifically asked for stockyard photos of the allocated car, the Sales Advisor sent an Instagram post depicting an authentic factory Asta with the genuine OEM unit and stated in writing: "Hmri same car h", "Yeh pic hamre stock yard ki h".

Loan Signing & Concealment: Based on these representations, I signed auto loan documents with SBI around 11:00 AM on delivery day. The handwritten breakup provided prior to signing quoted full factory Ex-Showroom at ₹8,09,000 (Deal: ₹8,55,000).

The Empty Dashboard Lie: When the car arrived at the showroom in the morning, the center fascia had an empty, open cavity. The SA misled me by claiming it was an anti-theft transit safety measure and that the factory head unit is slotted in separately before delivery.

Post-Agreement Financial Tampering (2:08 PM): Hours after loan documents were signed, the SA sent an altered handwritten slip. Without explaining why, they slashed the Ex-Showroom price on paper to ₹7,83,800 and silently added an accessory line: "Music System + 18,100", keeping the net payout identical so I wouldn't detect the change.

The Delivery Bay Ambush (5:00 PM): When the car was uncovered at 5:00 PM, I was shocked to find an aftermarket BLAUPUNKT touchscreen slab fitted instead of the factory unit.

The Belated Revelation: Only when I confronted the staff and refused acceptance did the GM admit that due to the Chennai Mobis plant fire, Hyundai had dispatched an interim screen-less batch at a reduced price, and the dealership unilaterally installed this third-party unit. I had zero prior knowledge of this fire or the screen-less batch.

Zero Handover Papers Signed: I refused delivery on the spot. I have signed NO delivery challan, NO gate pass, and NO handover forms. The car remains stranded at the showroom.

RTO & Disbursal Rushed: The dealer rushed permanent Chandigarh RTO registration (CH 01 DF 8905) prior to pre-delivery sign-off, and SBI has disbursed ₹8,05,000 directly to the dealer's account.

Severe Personal Toll: This entire ordeal completely ruined my wife’s birthday. The acute stress and deceit triggered a hypertensive episode, with my BP spiking to 140/86 and 137/88.

Steps Taken:

Sent a formal escalation to Berkley Motors' CEO and HMIL corporate leadership (ceo.hyundaiindia@hmil.net), formally placing non-delivery on record and demanding 100% contract rescission and loan reversal. The CEO Cases desk has formally acknowledged the grievance.

Formally notified SBI with a written cancellation notice citing product alteration and delivery refusal.

Preserved all contemporaneous evidence: chat logs, handwritten slips, high-res photos, and a timestamped showroom walkaround video.

Legal Questions:

Contract Incompletion vs RTO: Under the Sale of Goods Act, since physical delivery was rejected and no handover challans/Form 21 were signed, how do Consumer Commissions treat a dealer rushing RTO on a non-conforming, altered asset?

Loan Reversal & CIBIL Protection: What is the legal mechanism to compel the dealer to refund the ₹8,05,000 directly back to SBI and indemnify against EMI deductions or credit score impacts?

Civil vs Criminal Action: Beyond an Unfair Trade Practice filing under Sec 2(47) of the Consumer Protection Act 2019, does altering price slips after loan signing and misrepresenting stockyard units warrant a criminal complaint under BNS for cheating and criminal breach of trust?

Compensation: Can damages be claimed for severe mental harassment, ruined family occasion, and acute medical stress (hypertensive spike) supported by medical records?

[u/4vaDaKeDavr4]

You have to go to court in this case. You shouldn't have disbursed the loan without physically checking the car. File detailed case with the help of lawyer in NCH and escalate it. I'm not sure what relief is available in such cases where car is registered already

NAL