Complaint Details

Status	:	Closed
Complaint No	:	0004068/2013
Category	:	Automobile
Date	:	04-04-2013
Subject Line	:	Case of Fraud, Overcharging and Misrepresentation by Shreenath Hyundai, Andheri West, Mumbai
Complainant	:	Anupam Gupta
Address	:	A-702, Aster, Evershine Park CHS, Near Country Club, Veera Desai Road, Andheri West,
Complainee	:	Shreenath Hyundai Limited
Address	:	Morya Estate, New Link Road, Andheri (West),

Complaint Details
Dear Sir,
I want to register a complaint against Shreenath Hyundai, Morya Estate, New Link Road, Andheri West, Mumbai for case of Overcharging me to the extent to Rs. 5000, further not refunding Rs. 3000 as corporate discount and selling me an old March 2012 manufactured car in July 2012 when I was repeatedly promised by the company personnel that they will give me car of latest make.
The Facts of the Case are as below:
I have purchased Hyundai i10 1.2 magna BS IV (VIN: MALAM51CLCM149882; Engine No. G4LACM844537; Color: Carbon Gray) from the above mentioned dealership in July 2012. The Manager, Mr. Pascal Fernandes and Sales Person Mr. Mubin Kazi have connived and cheated me by
1. Charging me Rs. 4,79,269 for the car while they have provided me with invoices for amount of only Rs. 4,74,269 cheating me to the extent of Rs. 5000
2. They had promised that they will get me a corporate discount of Rs. 3000 from the company however they have still not provided any discount for the same.
3. They promised to deliver a brand new car of latest month of manufacture and instead sold me 4 month old used car of March 2012 make.
I have been living in Mumbai for last 5 years. After years of savings, I wished to purchase a car for myself and family from my hard earned money to ease our daily travelling and commuting. After visiting various showrooms and checking various models and manufacturers, we shortlisted Hyundai i10 and finally decided to buy it. I visited the Hyundai showroom and was greeted by Mr. Mubin Kazi, Salesperson at Shreenath Hyundai showroom. Mr. Mubin Kazi gave us an overview of the Hyundai i10. After the visit, Mr. Mubin Kazi kept following up with me for the purchase of the Car. I informed him that I needed some time to raise the amount of money required. He told me that he will offer me good discounts on the car and will also arrange for a loan on the car. On enquiry about the discount, he told me that he will have to confirm it with manager. Finally he called and confirmed that he will be able to sell Hyundai i10 to me Rs. 4,69,269. He also told me that he will get me refund of Rs. 3,000 from Hyundai on purchasing the Car. When I asked him whether he is talking about brand new car of latest make, he confirmed that the car sold to us will be brand new, unused car of latest month of manufacturing.
We visited the showroom next day and I confirmed to him that we are interested in buying the car and need to decide on the color of car. On 25th June 2012, I gave a booking amount of Rs. 10,000 by Cheque to Mr. Mubin Kazi. Further on 2nd July, I handed another cheque of Rs. 69,269. In the meantime, a loan of Rs. 4,00,000 was arranged from State Bank of India and the amount was transferred to Shreenath Hyundai through RTGS on 4th July 2012. Details of the payments made are attached as “Annexure I – Booking Receipts”.
On 9th of July, I handed over all the documents required for Registration of the car to Mr. Mubin Kazi. I again asked him that he will deliver me a brand new and unused car which he confirmed to me. On 10th of July, I was told that the car has arrived from stockyard at the showroom and that they will arrange for registration of the car. On 12th of July, 2012 I was informed that the Car has received registration and that we can take delivery of the car. I was in my office and asked them if I could come around 6:30 pm to take delivery of the car which was confirmed to me by Mr. Pascal Fernandes. I reached the showroom at 06:30 pm. By that time, Mr. Mubin kazi had left from the showroom. We were met by Mr. Pascal who told us that they were busy with the delivery of the other cars and would attend to us within few minutes. After 1 hours of waiting, Mr. Pascal informed us that they are ready to deliver the Car and asked the account people to hand over the documents to us. While checking the documents and the invoices (attached as page 1,2 and 3 of “Annexure II – Invoices”), I noticed a discrepancy of Rs. 7,500 in the amount paid by me and the receipts issued by the showroom. When I asked Mr. Pascal, he told me that the accounts people have left for the day and that any difference would be explained to me later. One employee who was in a hurry to go home gave us a quick overview of the car. While taking the delivery, I noticed that the plastic covers on the seats were missing. When I inquired from Mr. Pascal, he told us that the plastics are generally removed before delivery for the comfort of buyer. I found it surprising that the covers are removed without any instructions from the buyer but given the fact it was around 8:00 pm and the employees were not pleased to stay back for delivery, I did not pursue the matter further. The car odometer was showing a reading of 38 kilometers. When asked about it, I was told that the car has to driven down from stockyard and thus the odometer is showing the reading. Finally the handing over ceremony was held. To be frank, we were quite happy with the ceremony and handed over the feedback form stating that we were quite pleased with our experience.
I was so happy with our purchase and experience that I recommended to my father, who wanted to buy a maruti, to purchase a Hyundai vehicle. My father did infact buy a Hyundai Santro in August 2012 from Rohtak. While taking the delivery of the car, the plastic coverings were present. When I asked showroom employees why the coverings have not been removed, I was told that these are removed only when so instructed by the Customer. That was the first time I became suspicious about the motives of Mr. Mubin Kazi and Mr. Pascal. I called Mr. Mubin and inquired with him whether he has sold me an old car. Mr. Mubin kept lying that the car sold to me is brand new. When I asked him the specific month of manufacture, he told me it will be July, 2012 or in worst case June, 2012 but not before that. I further asked him about the under invoicing and was told that the difference could not be explained on phone. Mr. Mubin told me that he will check the date and get back to me. He did not call me back after that
A few days later while browsing the internet I came across a VIN decoder. While working through that I found that according to it, my car was manufactured in March 2012. I called Mr. Mubin again and asked him to confirm again the manufacturing of the car. Again Mr. Mubin confirmed that the car sold and delivered to us is of latest make and brand new and unused. On being asked the specific month of manufacture, Mr. Mubin told me that he will check it internally and get back to me. He again did not call back with any information. On September 5th 2012, I received the Registration certificate for the Car. I was shocked and stressed to see that the car was indeed manufactured in March 2012. A copy of the Registration Certificate is attached as “Annexure IV – Registration Certificate”.
I visited the Shreenath Hyundai showroom on 22nd September and asked to speak with Mr. Mubin. When I confronted him with the Registration Certificate and the fact that he had sold me March 2012 manufactured car when he promised me July 2012 manufactured car, he told me to speak with Mr. Pascal and left to take care of other customers. After 15 minutes of waiting, Mr. Pascal came to talk to us. Instead of offering any apology for selling us an old car, he kept insisting that the car was new and unused. I asked him to call Mr. Mubin also but Mr. Mubin kept himself busy with other chores and did not come to us. Finally Mr. Pascal left and Mr. Mubin came and told us that It was his fault as he did not communicate to the logistics persons about his promise of the car being new. I have heard lame excuses all my life but this one beats everything. "Mr. Mubin as a Salesperson agreed to certain promises with me and then forgets to tell it to his logistic department and his manager. I am sure Shreenath Hyundai does have a better process so that these kind of mistakes do not happen regularly. This statement from Mr. Mubin is nothing but a convenient lie and I suspect both the manager and the salesperson had decided to sell me an old car and now when faced with truth are lying to hide their malpractice". I told him that I am not interested in whose fault it is but I wanted them to replace my car with a brand new car to which I was told that this cannot be done.
When I asked the difference in invoice amount and booking amount, I was referred to another employee of the showroom. The said employee brought another invoice for Rs. 2,500 for 3 year extended warranty, which we had been told were free with the car at the time of the delivery. (Attached as Page 4 of “Annexure II – Invoice”). Remaining Rs. 5,000 difference between booking amount was explained to us as WAP charges of Rs. 3,000 (for which no receipt has been given till date) and Rs. 2,000 payable to us. I was surprised to see under invoicing being done by such a reputed dealer. When I confronted Mr. Pascal, he told us that he will give us a cheque for Rs. 2,000 which I have refused since I want them to sort the matter of selling me an old car. Further when I asked the showroom employees for Feedback form and customer complaint book to register my feedback and complaint, I was told that feedback form is given only at the time of delivery and that there is no customer complaint book at the showroom.
What I am surprised is the callous and indifferent attitude of the showroom people in dealing with the whole episode. Selling a car with old manufacturing date after repeatedly promising a new car is a case of criminal breach of trust, misrepresentation and fraud being conducted by the above mentioned employees of the showroom. Further inspite of asking for difference between booking amount and invoice amount for two months, I was not given any reason and when I confronted the showroom people after 2 months, then only the differences were explained and still Rs. 5,000 is unaccountable. This is a gross malpractice on the account of the employees involved in the transaction and a case of fraud.
I have repeatedly approached the Shreenath Hyundai showroom and Hyundai company about the whole episode. However they have failed to provide any response to my emails for last 6 months
After deliberating the whole incidence, I have decided to approach you with the complaint. In this regard I request you to ensure that my car is replaced with a brand new and unused car which has been promised to me by Shreenath Hyundai. Further, I want strict action to be taken against Mr. Pascal Fernandes and Mr. Mubin Kazi for causing me significant mental harassment, resultant physical discomfort and cheating me of my hard earned money by charging more money and not providing any receipt for the same.
Looking forward to prompt response and action from you in this regard
Regards,

A. K. Gupta
Phone: +91-8108152831
Email: gupta.anupam@yahoo.com

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