In a writ petition alleging unfair trade practice and fraud over a used car sold as new, the Bombay HC held that disputed questions of fraud lie elsewhere. The court declined intervention, dismissing the petition as civil remedies or criminal complaints remain available.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
24-WP.146.2016.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 146 OF 2016
Mr. Raunak Snehalkumar } Maniyar } Petitioner versus The State of Maharashtra } and Ors. } Respondents
Mr. Prasad P. Nair i/b. M/s. India Legal Solutions for the petitioner.
Mr. B. B. Sharma - AGP for respondent nos. 1 to 3.
CORAM :- S. C. DHARMADHIKARI & DR. SHALINI PHANSALKAR-JOSHI, JJ. DATED :- JUNE 28, 2016
P.C. :-
The petitioner's complaint is that there is
unauthorised tampering or mechanism to vehicle, unfair trade practice as also fraud perpetrated not only on the petitioner but the general public as a four wheeler which was already used has been sold through a dealer network as the new car. We do not think that such disputed questions as are raised can be resolved in writ jurisdiction. In the event there is a civil wrong, the petitioner's remedy lies elsewhere and it will be incumbent upon him to establish and prove the fraud. If it is alleged that the same constitutes an offence punishable not only under the Motor
Page 1 of 2
J.V.Salunke,PA
24-WP.146.2016.doc
Vehicle Act, 1988 but under the Indian Penal Code, 1860 as well, then, none prevents the petitioner from approaching the competent authorities and raising appropriate grievance before them. If that is not redressed, then, the remedy of filing a private complaint in the court of competent Magistrate is always open. In the face of such multiple remedies and disputed questions involved, we decline to interfere in writ jurisdiction. The writ petition is dismissed subject to above.
Page 2 of 2
J.V.Salunke,PA
1 issue framed by the court
Whether unauthorised tampering and fraud regarding a used car being sold as new can be resolved in writ jurisdiction.
Maniyar
The State of Maharashtra
S. C. DHARMADHIKARI
DR. SHALINI PHANSALKAR-JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
