Force Motors — all payment done and force traveller not delivered

Address:

New Delhi, Delhi

Force motor india
Date: 11 april 2019

Subject : a fraud/ scam by dealer 'tempo automobiles pvt. Ltd’.

I booked one force traveller from ‘tempo automobiles pvt. Ltd’ located in kirti nagar, delhi through his showroom manager nitin sabharwal for commercial purpose for my college. I booked the vehicle in the early in month of january 2019 and was promised to get the delivery by the end of same month & promised date was before 25th january as i had an urgent requirement in the month of february and march for many upcoming events. To manage the outdoor activities & events i also bought 2 other vehicles in the month of january and got delivered within 4 days and 15 days respectively. But unfortunately they wont solve my purpose without the bus (Force traveller). I also hired a team of 6 people including. They all joined from 1st february & i am paying them salaries in the total of 2, 45, 000 (Monthly) since then and i don’t have any other work for them.

The force motors pvt. Ltd. Is the manufacturer of the said vehicle. I booked force traveller 18 seater model with the booking amount of rs. 50, 000, dated 8thjanuary 2019 by cheque number ‘631154’ yes bank & it was cleared on 11th january. On 10th january dealer started loan process for the amount of rs 8 lakh, and i paid 3 cheques 651158, 651159 & 651160 yes bank to hdb bank as supported documents for loan. On 25th january evening, i received a call from dealership and was informed that my bus have arrived and i need to do rest of the payment immediately & i was pressurised to do the payment same day (25th january) because on 26th it’s a public holiday and there is one more customer who want to buy same vehicle immediately and they only have 1 in stock. Their representative (Rana) came to my office on same day and collected the cheque amounting rs 5, 32, 867 (Five lakh thirty two thousand eight hundred and sixty seven only) as the total outstanding balance amount. Withdrawal for the same cheque was done from my account on 29th january 2019. My loan was also passed by then & on 1st february bank withdrew rs 45000 from my bank account as the 1st instalment for the vehicle. I also got some accessories package from them (Roof carrier) and paid by cheque which was debited on 20 february. 2 more emi for rs 40, 000 have been debited from my account on 04 march and 4th april respectively.

My actual plan was to book a 12 sitting capacity traveller, but the showroom people convinced me to go for 18 sitting capacity and get it registered under the 12 sitting capacity and for that need to pay rs 85000 in cash and i was not provided with any slip/invoice for the same amount. I was told this amount they need to pay with cash to gurgaon authority. After delay by many days; i was informed that there is some issue at gurgaun authority and now they need to send the bus to panipat for registration and i was asked sum of another rs 10, 000 more. As my running cost were already too high i agreed to pay them rs 10, 000 to speedup the process. After a week of follow-ups, i was informed that bus didn’t passed the test in panipat and i need to pay another rs 20, 000 and this time they will send it to charki dadri which i again paid as i was desperate to receive the vehicle. So far the dealership have taken the sum of 1, 15, 000 in cash and still asking rs 10, 000 more to fill their pockets, which i said i will only pay at the time of delivery. But i feel that the dealership is doing a business of harassment and blackmailing to their customers and i am one of the ‘scapegoats’ for them. They take money from its customers by intentionally delaying the delivery them the vehicle.

Another incident i forgot to mention earlier but would like to put some light on it. Finally on 22nd february i received a disclaimer from nitin sabharwal on my whatspp that my bus is registered now. 3 days later on 25th february i got a call from rana (Sales team) and i was told that my number plate is also arrived & i can come to collect my force traveller and with excitement; i went there in 3 cars in expectation that few team members will go to some event from dealership only for some shooting. But when we reached there, bus was dirty, seats were not installed and they took 3 hrs to clean it install the seats. While over 15 people waited. When i asked them to put the number plate they looked for it and 30 minutes later, i was informed that i was called accidentally and my number have not arrived yet. After spending 4 hrs in showroom, i went to see nitin (Manager) and i was there for approximately 45 minutes in his cabin so i can have a word with him. I was sitting in his office on another side of table while he was intentionally busy with his phone calls so he could avoid me and i must say i have never been insulted and humiliated upto this extent before.

As i mentioned earlier, the delivery of the said vehicle was promised on by the end of january. However, till now the vehicle, bill, service, book trc etc of the vehicle were not delivered to me despite the said promise and assurances. Reason for the delay was explained as problem with arranging registration certificate. I was assured multiple times that the documents are being prepared even consulted company and spoke to agnevesh and jatin and assured that it will be done by 9th april 2019 and now the dealerships are not responding to my calls anymore and i am advised by them to deal with the dealership directly.

I have been promised multiple times that vehicle will be delivered on another day. However, till now i haven’t received it. Moreover, the insurance for the vehicle has been paid. Hence 3 months of insurance has already been wasted for me. As vehicle was booked for commercial purpose, there has been a estimated loss for my company of rs.7, 35, 000 in salaries and at least 20 lakh of business loss.

There is a delay of four months in delivering vehicle and registration certificate. Which i cant take it anymore, i don’t have any future interest in buying such an unreliable vehicle, at least that’s the impression i received from your dealership.

Hence this complaint, alleging the aforesaid acts of the dealer amount to deficiency in service and unfair trade practice as per consumer protection act.

Dealer is continuously ignoring requests to deliver the vehicle. None of the promised service has been provided till date. I request force motors to immediately look into the matter and reconsider warranty of this dealer. This is the case of cheating. As i purchased the vehicle for commercial purpose, it has been a significant loss of profit for my company.

Delivery of vehicle within the specified period is a part of service to be performed by the dealer. The dealer withholds delivery intentionally to take an extra cost from me. (Cash payments)

According to indian legal practice, it cannot be disputed that if trader delays the delivery of any goods to the consumer, because of which the consumer suffers, it shall amount to an unfair method or unfair practice adopted by trader (Om prakash vs assistant engineer, m/s maruti udyog ltd vs bhuvana vishwanathan and ors ii; mahinder pratap dass vs. Moderm automobiles and another).

The dealer mentioned above fails to provide acceptable infrastructure and organization for sales and service. I request your respected company to terminate this dealership as soon as possible.

I have tried enough and put many efforts to solve the problem through agnivesh singh [protected] and jatin [protected]. But unfortunately i couldn’t wait any longer and i am looking either to postpone this project till next year. Or start fresh with new bus and new team as i cant even afford to salaries to 4 people for even a single.

I also request you to kindly transfer an order booked by me together with advances and deposit collected by this dealer. I would like to receive my full money back with the compensation of lasses i have incurred. And i believe dealership should bear all those cost. I hope ‘force motor’ will take some serious action against my complaint and take some action against this dealership so no other customer will go through this kind of harassment and mental pressure and business loss again.

Pratik dhawan

Director