[Resolved]  Audi India — approved plus

Address:

Nagpur, Maharashtra, 440001

To

The chairman cum managing director,
Volkswagen group sales india pvt ltd,
3rd & 4th floor, silver utopia,
Cardinal gracious road,
Chakala-andheri east,
Mumbai - 400093
Anoopkumar. [protected]@volkswagen.co.in

The chairman cum managing director,
Volkswagen group sales india pvt ltd,
E -1, midc industrial area phase iii
Village nigoje
Mhalunge kharabwadi
Chakan tal khed
Pune mh 410501 in
Through
Andreas lauermann
Customer. [protected]@myaudi.in
[protected]@audi. De

Sir,

I am concerned for my client adv. Anil s/o shankarlal mulchandani, resident of 1, ridhi sidhi, kushi nagar, ring road, jaripatka, nagpur, who has instructed me to serve you with the following notice :

1. That my client is an advocate and lastly was using bmw x-1 for the purpose of his conveyance as a professional.

2. That my client was proposing a change of the vehicle, with exchange of his existing vehicle. That my client visited your site on various occasions to find out an approved plus vehicle.

3. That my client since last few years have only been driving suv, the previous ones being creta, duster, followed by santafe and lastly as bmw and as such my client insisted for q-3 or a good q-5. Infact he came across one q-5 which was repossessed by sbi and sold to one mr. Lalwani, and to ensure that the said vehicle is in good running condition, my client sent the said vehicle bearing registration no. Mh-40 ac 97 97 for check up to the showroom, wherein he met mr. Sarfaraz who expressed that the vehicle was not up to the mark, as such my client though had almost finalized the deal, cancelled the same.in the meantime, mr. Sarfaraz had sought the entire details as to what was the price and he was aware of the entire budget of my client.

4. That mr. Sarfaraz approached my client about a week later and informed that he was having one audi a-4 in emaculate condition bearing registration no. Mh 40 ac 6999. Mr sarfaraz further offered warranty of one year on the said vehicle. Though my client was reluctant to purchase a sedan, as he was always comfortable with an suv, on exaggeration of mr. Sarfaraz regarding the performance and quality of the vehicle, my client agreed to purchase the said audi in exchange with his old bmw. That my client beleiving the words of mr. Sarfaraz did not even take a detailed test ride and after a a short test drive, agreed to purchase the same, for rs. 15.00 lakhs out of which rs. 8.00 lakhs was fixed as an exchange value for bmw x-1. That my client being known to mr. Gautam kale, further negotiated with him and the final price was finalised at rs. 14.25 lakhs.

5. That needless to reiterate that my client was offered one year warranty on the vehicle, very good condition tyres and one service free and he was assured that the vehicle is defect free though he raised his reluctance as the vehicle had completed 91, 500 kms on that day.

6) that my client paid an amount of rs. 3.00 lakhs by cheque (Which remains not encashed) and rs. 3.25 lakhs in cash and he was delivered the vehicle probably on thursday 5th evening. That my client was busy with his clients as such he did not even inspect the vehicle reposing trust in audi nagpur and mr. Sarfaraz as he had assured every co-operation and he was also dealing with a reputed company like you. Believing in good faith, he did not take any document from mr. Sarfaraz as it was showing some finance, and requested him to get the vehicle transferred in his name after getting the noc of the finance company, however handed over all documents of bmw in original including the vehicle alongwith noc of tvs finance ltd.

7) that my client took the vehicle to my residence from civil lines (Laxmi apartments) to his residence as above and parked the same. On 6th it was raining heavily and as a matter of caution, he used his ascent car. On 7th after having plied the vehicle for not more than 30-35 kms, during night time at around sadar, while the right hand wheel went in a small pit due to bad road/metro work, which was clogged with water. (The said pit is one of various similar pits on the road on which i have been plying my xcent every day without any problem), my client noticed an indicator showing that right side day light running is not working as such he immediately took a photograph at around 11.42 and sent it to mr. Sarfarz. My was advised that the matter would be looked into and they would collect the vehicle on monday i. E. 9th, however it was collected on 10th. At the time of delivery of the vehicle right hand head light was not working and the day light running was blinking on start up and engine off.

8) the vehicle was delivered unrepaired on 20th on the pretext that there exists some moisture in the vehicle and let the same dry up, however at the said time both the head lights stopped working, however both day light were running. An additional problem had cropped up i. E. Air bag sign was coming and going frequently. My client plied the vehicle with utmost care on the said date, however finding it difficult informed them that the vehicle is standing at my office and the same can be collected anytime. My client informed mr. Sarfaraz that he was not interested in retaining the vehicle and it should be taken back, as it was giving each and every problem every day. My client was more reluctant for the reason that it was the same mr. Sarfaraz who had opined not to buy q-5 which was showing the same indicators.

9) the vehicle was collected on monday and my client was informed that due to moisture in the rains, the day light running controller has got short and the same requires to be replaced. My client was informed that the same is not under warranty as warranty was limited for engine and gear box only and he was called upon to pay rs. 38, 000.00 for repairs. My client expressed his desire not to retain the vehicle, however mr. Sarfaraz informed that my client had purchased the vehicle at the throw away price and it would not be possible for him to reverse the entries and he would sell the vehicle at the earliest, however for the said purposes, the vehicle is required to be repaired first and once again reposing faith in audi, my client paid rs. 38, 000.00 by rtgs, however after 2-3 days he was informed that he has to pay additional 9.5 thousand. Both the amounts were paid to one m/s. K. K. Automobiles by rtgs, where my client noticed the vehicle also lying there. My client paid the amount on assurance that it would be considered as a purchase price and it would be refunded.

10) needless to reiterate that these were the two problems in q-5 for which my client was informed that it would cost about 6.00 lakhs and it is advisable not to purchase (Airbag and day light running error), however the same problems were repaired in a-4 for rs. 48, 500.00. That my client never took the deliver of the vehicle after 10th july and it is lying at audi only.

11) in the meantime one mr. Ashfaque (Car guys) to whom my had requested for sale had contacted him for purchase of bmw and he informed that he had purchased audi and the same is also required to be sold through mr. Sarfaraz. Mr. Ashfaqued was knowing sarfaraz and thereafter the vehicle was either lying at your showroom or with mr. Ashfaque for about 15 days, however when mr. Ashfaque started making lame excuses, that though the deal is materialized, however loan is pending, my got me suspicious, as such he requested him to deliver the vehicle back to sarfaraz and in the event of any customer, the vehicle should be seen at audi only.

12. That the vehicle was however returned to my client on 14.8.2018 evening, in collusion with mr. Ashfaque and at night while going home, my client took the photograph of the meter reading and indicators seen (Airbag indicator was seen) immediately and sent it to sarfaraz immediately. That 15.8.2018 was a holiday and on 16.8.2018, my client has delivered the vehicle to audi showroom without plying the same and since then it is lying there. Needless to add that the repairs were not carried out in the workshop but were done outside, which smacks malafides. Infact mr. Sarfaraz claimed that one right hand side fog grill of the vehicle was also missing though it appears that it was missing from the beginning, for which he claimed rs. 17, 000.00 as such my client purchased the same from other sources and handed over the same to resolve the issue.

13) that my client even before raising the concern with audi nagpur has brought all these facts to your notice vide it’s email dated 17.7.2018, however probably for incomplete details, nothing has been done at your end. That my client tried to resolve all the issues, however to the dismay, the bmw sold by my client also met with an accident and has major repairs and as such the possibility of the same being returned immediately and resolving the issue was also ruled out.

14) that my client thereafter has met mr. Sarfaraz on various occasions, sent numerous emails, who kept reiterating that the vehicle is in emaculate condition and it is priced at more than rs. 17.00 lakhs which was even the i. D. V. At the time of sale to me as such there was nothing to worry about and he would be selling the same in no time, and there was a delay only because my client had opted to purchase the vehicle in july which is considered off season for vehicle followed by hindu (Shradh) month, as such my client should wait upto dusshera and he would get the refund of entire amount.

15) that my client thereafter met mr. Gautam kale in person, however he also called his entire team and directed them to immediately sell the vehicle and resolve the matter, however in vain. That on various occasions my client has been informed that the vehicle is on the verge of being sold and i was called upon to share the account details so that the rtgs of rs. 11, 73, 5000.00 can be done. I have sent numerous reminders for payment, however nothing is done.in compelling circumstances, my even requested mr. Sarfaraz and mr. Gautam kale to deduct a nominal amount and refund rs. 11.50 lakhs as he was guilty of plying the vehicle for about 30-35 kms without proper verification and on misrepresentation, however nothing is done so far.

16) that now even diwali has come to an end and as such the possibility of the said vehicle being sold and my clients being paid the amount appears to be remote and it has become crystal clear that my client has been cheated in good faith and he was sold an non-approved vehicle by audi which was not in good health and shape. That my client is retaining all the whatsapp messages and photographs which would demonstrate that he has been cheated in good faith.

I therefore call upon you noticee, to interfere in the matter ensure refund of rs. 11, 73, 500.00 with nominal interest of 15% per annum with monthly rests, as my client had reposed faith in audi and was expecting a good deal, but he has been cheated at all levels.

For a. Kumar and associates,
Advocates

(Akansha wanjari)
Advocate
Cc to :