[Resolved]  Maruti Suzuki (Cars India, Valasaravakkam, Chennai) — Breach of trust by Maruti - deduction of 25% booking amount as penalty by Cars India

Address:Chennai, Tamil Nadu

From,

D.Satish Kumar,
Chennai - 92

To
The CEO concerned,
Complaints,
Maruti Suzuki India


Dear Sir,

Subject: Non refund of full booking amount by Cars India and deduction of 25% as penalty; Request needful action for refund of full advance.


1) On Dec.22, I made an advance of Rs.5000/- to one Mr.Gunasekaran
of Cars India, Valasarawakkam, Chennai for booking Wagon R. I was
issued a receipt for the same on a white paper (copy will be sent to
you, if needed) and I was told that there would not be any problem
in refund of the advance if the suitable model and colour was not
availavble. On Dec. 25, as advised by him (Mr.Gunasekaran), I sent an
email to him mentioning that I would like to wait for 2013 model and
the advance may hence be refunded.

2). Not hearing anything from Mr.Gunasekaran/Cars India for full 20
days, till Jan.16, I contacted him again, and he advised me to send an
email requesting for refund of the advance. Accordingly I sent an
email on Jan 16, requesting refund of advance of Rs.5000/-.
I can forward you the emails sent by me to Cars India, if needed.

3) On being told to collect the refund of advance, I went to Cars
India, valasarawakkam on Feb 9, and to my utter shock and dismay, I
was asked to collect a cheque of Rs.4000/-, instead of Rs.5000/-. I
was curtly told that an amount of Rs.1000/- was penalty. In this
connection, I would like to bring to your notice that at no point of
time, either at the time of or after making the advance, I was told
that 25% of the advance would be deducted as penalty.I did not collect
the cheque. for the part amount.Had I known earlier, I would not have
paid the advance at all. On questioning, I was told by Mr. Gunasekaran/Cars India
that one of the forms that I had signed has a clause regarding the cancellation fee.
This amounts to utter breach of trust as, the form was signed in good faith and
had I been informed about the penalty I would have taken more time to decide.

4. Collection of 25% of advance as penalty, that too after the amount
was lying with Cars India from Dec.22 to till the date of cheque( that
too for the part amount)in Feb.2013, amounts to, to say the least,
unfair and usurious practice. Further, it is also against the
principles of natural justice.

5. Hence, it is requested that the amount of Rs.5000/- may kindly be
refunded to me at the earliest.

6. May I also bring to your notice that my family (my father, my brother-in-law and my cousin) has
been trusting Maruti since a long time and it is very unfortunate that such a breach of trust should
have been committed by one of your authorized dealers with us.

yours truly,

D.Satish Kumar,
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Aug 13, 2020
Complaint marked as Resolved 
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Comments

Maruti — Return of advance payment not in full

Previously when a car is booked and cancelled the companies used to return the deposit money in full and even with the accrued interest there upon. Now I have been returned the cash after reducing Rs.500. Can they do that even in with the backup of small print disclaimer to that effect?

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