A R AUTOMOBILE - Complaint regarding concealment of material facts and refusal to refund booking amount

I, Utsav Gourisaria, state as follows:

That I had made a booking for a Maruti Baleno Zeta AGS, bearing registration number WB ** BC ****, from A R Automobile, situated at ***F/*, Barrackpore Trunk Road, Math Bagan, Sodepur, West Bengal – ****** (hereinafter referred to as “the Dealer”).

That at the time of booking the said vehicle, the Dealer represented that the car was in proper condition and fit for sale. Based on these representations, I paid a booking advance to the Dealer.

That subsequent to the booking, I came to know that the said vehicle had suffered severe water damage, and that an insurance claim had been lodged around October–November ****, wherein the damage was described as total damage.

That this fact of the vehicle being water damaged and having an insurance claim for total damage is a material fact, which was deliberately concealed by the Dealer at the time of booking. Had this information been disclosed, I would never have agreed to book the said vehicle or paid any advance amount.

That the act of concealing such material information amounts to misrepresentation, unfair trade practice, and deficiency in service under the provisions of the Consumer Protection Act, ****, and also constitutes cheating and fraud in law.

That upon learning of the true condition of the vehicle, I immediately sought cancellation of the booking and requested a refund of the booking advance paid by me.

That despite the cancellation being caused solely due to the Dealer’s suppression of material facts, the Dealer has illegally and arbitrarily refused to refund the booking amount.

That the Dealer’s refusal to refund the booking amount is unjust, unlawful, and untenable, especially when the contract itself stands vitiated due to fraud and misrepresentation on the part of the Dealer.

That I reserve my right to initiate appropriate legal proceedings, including but not limited to filing a complaint before the District Consumer Disputes Redressal Commission, seeking refund of the booking amount along with interest, compensation for mental harassment, and litigation costs, and to pursue any other remedies available under law.