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Sale of ‘faulty’ car: Hyundai, dealer asked to pay Rs 5.5 lakh compensation

Meanwhile, Hyundai Motor India Limited stated that the entire transaction related to the sale and purchase of the car is between the dealer and complainant and that they are not a party to that agreement.

By: Express News Service | Chandigarh | Published: January 18, 2018 4:57:03 am

The Union Territory (UT) consumer forum has ordered Hyundai Motor India and a local dealer to pay a compensation of Rs 5,50,000 to a resident of Sector 41, Chandigarh, who was sold a car with a “faulty air conditioning (AC) unit”. A certified copy of the order was uploaded by the court staff on Tuesday. As per a complaint filed by Manita Bhatia with the consumer forum on February 3, 2017, she had purchased a silver Hyundai i10 Grand (Sports Model) car from Charisma Goldwheels in Chandigarh, an authorised seller, on October 6, 2016, for Rs 5.23 lakh.

“On the very day, I found it tough to drive, since there was intense water leakage and water logging inside the car. When I reported the matter to the dealer, they advised me to keep the doors of the vehicle open for one day under sun. They said that the water logging could be due to rainfall during the transit of the car,” she stated. Manita complied with the advice of the dealer, but still the vehicle showed abnormal signs. The problem of water logging and leakage was still prevalent and the steering wheel of the car was rusted, which showed that it was a “used one”.

Then, she took the car to the dealer on October 14, 2016, who suggested several repair and replacement of parts, whereupon she requested to replace the car with a new one, since it had many defects. There were even ants under the mat of the car.

However, the dealer did not keep her request and just repaired the car. While signing a satisfaction note, Manita recorded that she would check the repairs when the car was in running condition. Manita pleaded the court that she is not being able to drive the car with peace of mind, since several components have been changed without providing complete details and that the steering wheel shows abnormal behavior and gets jammed during long journeys.

Meanwhile, Hyundai Motor India Limited stated that the entire transaction related to the sale and purchase of the car is between the dealer and complainant and that they are not a party to that agreement. “As per record, the complainant has concealed the material fact that the problem of water coming inside the cabin was found due to a problem in AC drainage pipe and the same has been rectified under warranty. The carpet and steering universal joint has also been replaced for the satisfaction of the complainant.” the company stated.

Charisma Goldwheels, the dealer, also filed a reply while admitting the factual matrix of the case, stating that on investigation, it was found that the exit pipe of the AC unit was not properly set and the issue of water inside the cabin was resolved.

“The car had already been driven 8,874 km with two accidental repairs, hence the claim of the complainant that the car is showing abnormal behavior is false and baseless,” it submitted.

The forum, however, mentioned in its order that the claim of the complainant for replacement of the car is found to be untenable and without merit.

“However, evidently there was damage to the car due to the faulty fitting of exit pipe of the AC, irrespective of the fact that it had occurred at factory or during transportation from the manufacturer to the dealer or at the end of the dealer,” the forum mentioned. The forum then ordered a compensation for the car owner on December 8, 2017.

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