Dear Singh Sahab,
Hi. I understand the awkward situation in which the dealer has put you in, and to dismay dealer is not understanding the sensitivity of the sitiuation. He may be selling like 80 to 100 cars a month on regular basis, but for a customer - its like 1 car after 5 to 10 yrs of his hard work to satisfy his desire, feel, need of owning a brand new car
and when you buy top of line product of a brand which cost in price band of 25 Lakh or so - it turns equally important for a dealer to showcase the best of customer service, premium experience.
Coming to Specific case as mentioned by you
See there are 2 alternatives
1. Legal way
2. Mutual Understanding
is based on pretext that you paid money for buying a Brand New Car which in itself means that car should be free from any kind of scratches, dents, repairs and should be straight from factory condition.
Any kind of Repairing or Repainting on a Brand New Car is simply breach of Trust, Contract of New Car Sale where as per Judgement announced by Supreme court under Civil Appeal Number 574/2021 - which was represented earlier by District Forum and later State Commission, National Commission to Supreme Court level - some ket take aways in the judgement
1. the customer when he buys new vehicle, he is under the impression that a new vehicle would be defect free
2. it concluded that the appellant sold to Vaz, the defective car manufactured by it, and the dealer and the appellant were liable for sale of the defective car
3. “the sale of its goods is undertaken by the Manufacturer through its dealers, the Manufacturer exercises superintendence over its dealers including the right to terminate their dealerships
4. the National Commission held that the relationship of the dealer and the appellant in the facts appearing from the record, did not absolve it of liability
5. “It is shameful that a defective car was sought to be sold as a brand new car and instead of acknowledging the defects, the manufacturer chose to deny its liability.”
and many other statements which were critic against Dealer and Car Manufacturer which in this case was Tata Motors too
So either a case can be fought and you can actually reject the car delivery too
But this will involve
a. Years of Patience
b. Although can use previous ruling as base, but still a low probability that case may linger in court for years with opposite verdict may feature in too.
Other way is Mutual Way
: Its understood that car front panel had some scratches, and lets admit that such scratches can appear during ownership of car too. As can be seen that such scratches are very minor - a better way would be to compromise on
> by taking the way as it is or repaint panel ( to my view no repaint necessary for such a small issue )
> Avail a compensation as goodwill extended warranty or free accessories pack or free body care treatment of car
You can definitely escalate to Tata Motors and involve dealer too and cite that you buying premium most product from TML with harrowing purchase experience where dealer remained silent till D day of delivery about scratches and spoiled in purchase experience. You can also mention about previous case where TML lost due to similar issue
Still, you ready to consider it as exception provided amicaby compensated for the error in terms of goodwill extended warranty for 5 yrs.
But definitely not the way to repaint the panel and hand it over without taking any responsibility.
Hope should help !!
Feel free to connect for any followup queries if any.