We booked a black Maruti Suzuki Baleno though Bimal Auto Agency on in the last week of September by paying a booking deposit. The dealer promised immediate delivery on the day of booking but the next

day, they asked us to wait a week after that as black was not available. They asked us to go for another colour such as Silver or Red, which we did not want. They aggressively tried to push us into going for an alternate colour, which we refused to do. The dealer then told us we have to wait another 2 weeks as the black colour baleno was not readily available. We decided we could not wait that long and informed him of our decision to cancel the booking on 03-Oct-06. Bimal said as 04-Oct-06 was a holiday on account of State Bandh, the cancellation process could be started only on Thursday, 05-Oct-06. Bimal received a cheque from Citibank on the day we sent them a cancellation request as payment for the Baleno that we had booked though a car loan from Citibank. Bimal told us on Thursday, 05-Oct-06 that they cannot cancel the booking as they have already received the money from Citibank. Firstly, how can Citibank release money and Bimal accept the money for a car loan when the customer has not yet received delivery of the new car? Secondly, they accepted our booking without checking their inventory to ensure that the car of our specifications is available, and then Bimal deliberately delayed the cancellation by 2 days to ensure that their billing is done and they receive the money so that cancellation becomes complicated for us. We are now contemplating legal action against Bimal if they do not return our deposit and cancel the booking immediately.

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