Response
As per the said query, since you have written “if the dealer fails to deliver on time” I assume that there is no cause of action as of now.
You are just apprehended of getting cheated by the dealer.
Since the dealer has told you that making a full payment will speed up the delivery time frame get this in writing from the dealer so that he cannot bounce back from his commitment.
Whenever you are making any purchase of high end products please ensure that the dealer give you in writing anything related to payment and delivery so that later on there is no confusion.
In case you have a written Assurance from the dealer then you really don’t need to worry because if he fails to deliver on time the case is clearly in your favour.
In case he breaches the agreement you can always seek remedy under the civil law aur filing a complaint before consumer forum.
Before filing a complaint before the consumer forum you are required to send a legal notice to the dealer stating reasons and your intention to sue. If the dealer does not budge to the notice then you may proceed with filing a case against him in civil court or consumer forum of competent pecuniary jurisdiction.
I suggest you to file a complaint in consumer court as you are a being which shall put you in a favourable position when it comes to asking for compensation for mental and physical agony caused.
The court can also impose a fine on the vehicle dealer for not making the delivery beyond reasonable time.
Reference: Consumer Protection Act, 2019 which came into effect on 20th July 2020.
District forum -Does not exceed Rupees One Crore as per 34(1)
2.State Commission- Exceeds Rupees One Crore but does not exceed Rupees Ten Crore as per 47(1)(a)(i)
3.National Commission- Exceeds Rupees Ten Crore as per 58(1)(a)(i)
For Appeals
Section 51(1)of the Consumer Protection Act 2019
(District Forum to be made to State Commission)
Section 51(2) of the Consumer Protection Act 2019
(State Commission to National Commission )
Section 67 of the Consumer Protection Act 2019
( National Commission to Supreme Court)
202100297-20210039-912
LAWAYZ-2023-351
