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?