Mumbai: Dealer fined Rs 5.25 lakh for selling older version BMW

Censuring Infinity Cars, Worli-based authorised dealers of BMW, Justice AP Bhangale on June 21 ordered it to pay a Ulhasnagar-based developer Rs 5 lakh for mental agony and Rs 25,000 for spending on legal process, along with the latest or 2013 version of BMW X3 3.0D. The dealer has been asked to do the needful within three months or else an annual interest of 10% will be levied.

The case
On April 22, 2013, Jairaj Kalyani booked a BMW X3 3.0D, worth R52 lakh at Infinity Cars. “The car was delivered at my residence on May 21, 2013,” said Kalyani.

He added that in October 2013, the family decided to drive to Goa in their new car.

“Since we had paid for the extended warranty, we contacted the Mumbai dealer after one of the tyres burst. Accordingly, BMW Bavaria Motors in Goa was asked to replace it. Since we lacked original RC book, we asked the Worli office for a scanned copy so that the Goa dealer starts fixing it. I was stunned upon discovering that car I owned dated November 2011,” Kalyani said.

Upon escalating the issue, the dealer called Kalyani to his Worli office and offered an absurd explanation. “The dealer said he gave me a discount of Rs 7 lakh on the older version. Despite repeated reminders, when the dealer failed to address my grievance, I finally approached the consumer court.”

Speaking to mid-day, Dushyant Patel, manager (Operations), Infinity Cars, who is handling Kalyani’s case, said, “The court has given us a three-month window to make the said payment. We’ll appeal in the high commission against this order.”

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