Delivering Used & Defective Car Against Booking For New Car Is Unfair Trade Practice, Dishonest & Unethical

Case: Rajiv Shukla Vs Gold Rush Sales and Services Ltd and Anr.

Coram: Justice M. R. Shah and Justice Krishna Murari

Case No.: CA 5928/2022

Court Observation: “The bench comprising of Justice M. R. Shah and Justice Krishna Murari while passing the judgment observed that, “Non delivery of a new car can be said to be an unfair trade practice and even it can be said to be dishonesty on the part of the dealer and against the morality and ethics. As observed hereinabove, once the new car was booked and the full sale consideration was paid, a duty was cast upon the dealer to deliver a new car which is not defective therefore the District Forum as well as the State Commission were justified in directing the dealer to give delivery of a new car.”

“to deliver the defective car against the new car was also not permissible. Not to deliver the new car despite the full sale consideration paid and/or to deliver the defective car can be said to be unfair trade practice. Therefore, as such the District Forum and the State Commission were absolutely justified in directing the respondent no.1 – dealer to replace the delivered car and to deliver a new car.”

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Keywords

Delivering Used & Defective Car, Unfair Trade Practice