2nd hand reseller's dishonesty
9 months ago
I bought a bike from OLX, The seller claimed that the bike is in perfect condition, he have just repaired everything. But next day from when I bought it, it's battery stopped working, I went to a mechanic to recharge it. But it again stopped working. And this time I called him he didn't pick up, for weeks he didn't pick up, and the bike had many problems that he tried to hide as we couldn't catch it when we bought. It's engine leaks, shockers are dead, battery is completely dead, odometer and speedometer are dead, petrol leaks and he literally charged too much, 28000, I paid 27500 and I've google pay receipt still. HE was not picking my calls either, but today he picked up and refused to acknowledge anything, he first kept saying that he repaired everything, and later he said he won't do anything. Mechanics say that this bike shouldn't be sold for more than 12000. I hardly drove it 500km. And now it's almost useless. He even had the scratches, damaged paint, broken indicator hidden on OLX. What shall I do? Is there anything I can do. He claims to be a vehicle reseller who buys then repairs and sells the vehicles. In the beginning, he lied to us that it was his relative's bike who does not live here and that's why he is selling it, but today he said he bought it from someone, then repaired from Genuine Bajaj agency, and then sold it. But the bike just started to become useless just the same day
As per Sec.2(37)(ii)(c)(i) of the Consumer Protection Act, 2019, which defines the term "Product Seller," a person who acts only in a financial capacity with respect to the sale of the product; cannot be termed as a product seller and accordingly is not covered by the Act. So, your complaint against the person who sold you the defective vehicle cannot be treated as a Consumer Dispute and is not maintainable under the Act. Therefore, your remedy lies under Sec.420 IPC. Reach out to an Advocate for filing a suit against the concerned Seller of the Vehicle for cheating and abatement of fact u/s.420 of IPC before the Criminal Court for desired reliefs.
Please file a complaint against OLX and the wrongdoer in the consumer disputes redressal forum under section 35 of the consumer protection act
Lodge an FIR. Send a legal notice. File a consumer case against OLX and the fraud person.