Uttarakhand consumer commission holds dealer liable for selling used Yamaha bike as new
The Uttarakhand state consumer commission held that a Haridwar dealer sold a previously sold motorcycle as new, and ordered a replacement or refund.
Key points
- The Uttarakhand State Consumer Disputes Redressal Commission held a Haridwar dealer liable for selling a previously sold motorcycle as new.
- The buyer paid Rs 82,935 in May 2015; the commission found the same motorcycle had been sold to another person in March 2015.
- The dealer must replace the motorcycle or refund its price, and the manufacturer must help within three months.
The State Consumer Disputes Redressal Commission, Uttarakhand, has held a Haridwar motorcycle dealer liable for selling a buyer a motorcycle that had already been sold to someone else, as if it were new. In an order pronounced on 30 October 2026, the commission directed the dealer, Dev Motor, to replace the motorcycle or refund its price, and told the manufacturer, India Yamaha Motor, to help make that happen within three months.
What Happened
According to the order, the buyer paid Rs 82,935 for a Yamaha FZ motorcycle on 25 May 2015, plus Rs 3,318 for registration and Rs 2,226 for insurance. He complained of engine noise that repeated servicing did not fix. When he sent a notice, the manufacturer replied that its records showed the same motorcycle had been sold to another person on 31 March 2015.
The District Consumer Disputes Redressal Forum, Haridwar, ruled for the buyer on 7 December 2018. It ordered a new motorcycle or the price with 6% yearly interest from the date of the complaint, plus Rs 5,000 for litigation costs. India Yamaha Motor appealed.
The state commission found that the dealer's own letter recorded the earlier sale, and that the engine and chassis numbers in that letter matched the buyer's registration certificate. It held that selling the vehicle without disclosing its previous sale and use was a deficiency in service and an unfair trade practice by the dealer. It found that no expert evidence proved a manufacturing defect, and that the manufacturer could not be made liable for the dealer's conduct without proof of its involvement.
The commission partly allowed the appeal. It told the dealer to comply with the district forum's order, and directed India Yamaha Motor to take the steps within its control to help with the replacement or refund within three months. The amount the manufacturer deposited for the appeal will not be released until the order is complied with.
What It Means
When buying a new vehicle, check that the registration certificate shows no earlier owner, and compare the engine and chassis numbers with the sale invoice. A buyer who finds a used vehicle sold as new can complain through the National Consumer Helpline (1915) or file a case on e-Daakhil. The order may be appealed.
Source: Consumer commission order
Sources & Citations
- Consumer commission order — Consumer commission