[Resolved]  santro car — Cheating BY Hyundai Dealer

Address:

Kangra, Himachal Pradesh

To

The Hon’ble District Consumer Redressal Forum,
Kangra District, Dharamsala -176001
Himachal Pardesh.

Subject.- Application regarding Cheating /fraud/unfair Dealing by Sant Hyundai Kangra (Proprietor Sant Auto Wheels Pvt.Ltd.), Himachal Pradesh ,Mr Kamlesh Sharma (employee of sant Hyundai as Team leader) and Mr Prince, Manager Sant Hyundai Kangra.

Sir,

With due respect I beg to submit that I have purchased a Santro car from Sant Hyundai Kangra on 17 Nov,2008,with some rebates /offers promised to pay by Mr. Kamlesh Sharma on behalf of dealer, within six months through Cheque, stated to be sent through post on my postal address. When I did not receive the promised offers amount even after a lapse of about nine months, then I sent my complaint to customer care of Company(Various conversation details given in the enclosed Complaint form- copies of some of the mails sent and received are also enclosed as Annexure II to XVIII ).
The above said offers were promised verbally but various mails received from Customer care office of the company (Hyundai Motors India Ltd.) and Dealer’s office (Sant Hyundai Kangra) , particularly Annexure XVIII (mail received from dealer’s office on 03 Mar. 2010) confirms their promise/commitment, wherein the Dealer has agreed to pay Rs.9500/-(Rs. Nine Thousand Five Hundreds) only, as compensation (50% amount of promised offer), with the interpretation that they were not told about these offers/bonuses at the time of delivery of vehicle and asked me to send someone to collect the Cheque for Rs. 9500/-(Copy of cheque was also enclosed by the dealer). Downloaded Copy of mail received a/w copy of cheque is marked as annexure-XVIII.
The interpretation of Mr. Prince made in the above mail is not true as mentioned in complaint form as well as is clear from the following also;
As per above mail from Dealer’s office, (vide which they agreed to pay Rs.9500/-, 50% of promised amount only), , I sent Mr. Rahul R/O Dharmshala to collect the above Cheque on 8th Mar.2010. But Mr Prince did not hand over the above said cheque as he wants in writing in advance a note from me. I asked him to give me in writing the contents which he wants from me in writing. He mailed me the said contents on 29th Mar.2010 (when Mr. Rahul visited the Dealer’s office 3rd time after 8th Mar 2010 having my authority letter to receive the cheque) which are copied as under;
“ Prince <prince.sant.[protected]@gmail.com> Mon, Mar 29, 2010 at 6:52 PM
To: madan kapil kapil.[protected]@gmail.com

SATISFACTION NOTE
30th March, 2010

Custmomer Name : Madan Lal Kapil

Address : R/o Village Jatehri Jhaniari Devi, Tehsil & Distt

Hamirpur(HP)

Telephone No. : [protected]

Registration No. : HP22A7057

This is to certify that the complaint regarding Exchange Bonus and Corporate Bonus my exchange bonus was rejected by HMIL.
BUT
M/s Sant Hyundai gave me Cheque No.270883, Dated 24th Feb. 2010 amount Rs.9500/- for Exchange bonus and Corporate Bonus. All claims are clear with M/s Sant Hyundai.”

The mail on 29th Mar 2010 from Dealer’s office, wherein I am being asked to certify that my exchange Bonus was rejected by HMIL is contrary to their mail dated 3rd Mar 2010, wherein it was mentioned that they were not told about both offers at the time of delivery. With such dealing of above employees of Dealer (Sant Hyundai Kangra) I am feeling too much humiliation.
I therefore request very humbly to provide me the justice please.

Enclosures:i) Complaint Form(4 pages)
ii)Various Annexure(21 pages) Complainant:


(Madan Lal Kapil )
R/OVill.Jatehri P.O.jhaniari Devi
Teh. and Distt. Hamirpur (H.P)-177001


Complaint Form
Form for complaint under the Consumer Protection Act 1986.
In the complaint case No. :-
Before the Hon’ble District Forum: - Kangra District.
Complaint No. Of
In the matter of:
Madan Lal Kapil R/O Vill. Jatehri P.O. Jhaniari Devi Teh. and Distt. )Hamirpur (H.P
VERSUS
i) Sant Hyundai NH-20 Proprietor Sant Auto Wheels Pvt. Ltd. Mataur-Palampur Road Ghurkari, Kangra, Distt. Kangra (H.P)
ii) Mr. Kamlesh Sharma Employee of Sant Hyundai Kangra.
iii) Mr. Prince Manager Sant Hyundai Kangra.

I, the above named complainant respectfully state before the Hon’ble Forum/Commission, the complaint
as follows:-
1.That I have purchased a Santro Car from Sant Hyundai Kangra on 17.11.08 for Rs. 275075/-only (copy of sale certificate is attached as Annexure -I), with following rebates/offers promised by the Dealer to pay within six month from the date of purchase :-
i)Exchange offer = Rs.15000/- (Rs. Fifteen thousand only)
ii)Corporate member offer =Rs. 4000/- (Rs. Four thousand only)
It was told by Mr. Kamlesh Sharma (employee of Sant Hyundai Kangra) that the above offers amount shall be paid within six month through cheque (which will sent on my address through post),after receipt of offers amount from Company.
2. The salary certificate (Proof of Govt. employee) and copies of sale affidavits of old car (Proof of Exchange) were handed over to Mr. Kamlesh Sharma at the time of purchase of car.
3. Lateron copies of Registration certificates of both the cars i.e. new car and sold car were handed over to Mr Kamlesh Sharma during Dec. 2008 at Jhaniari Devi (my native place),as he had told to collect the same himself. But till date, I have not received the above said amount from Dealer though the Complaint has been made to the Customer Care office of Company.
4. The date wise detail of conversation made, telephonically and through e-mails with Dealer’s office (Sant Hyundai Kangra) and with Customer care is given below in chronological order:-
i) 10.01.09 –I got done the servicing of my car at Sant Hyundai Kangra,where Mr. Kamlesh Sharma told me that the case has been sent to the Company and he ensured to pursue the case himself for early payment.
ii)6,7/2009 –During June 2006 Mr. Kamlesh Sharma told me on telephone that the offers amount has been received from the company. However he was not sure about both offers. Later on in the 1st week of Jul. 2009 ,he intimated that the amount of both offers has been received from Company but the cheque will be issued after reaching the owner ,who is at present out of India.
iii)8/2009 – One day Mr. Kamlesh Sharma himself told me on phone that today he will get issued the cheque of above amount and deliver the same ,when he will come Hamirpur, but later on when contacted telephonically ,he started making excuses. So, I sent my 1st complaint to Company’s Customer care on Aug.14,2009 through e–mail, for which I received reply from Customer care through e-mail on Aug.17 ,2009 (Down loaded copies are attached as Annexure II and III )
iv) 9,10/2009 :-I contacted no. of times in the Dealer’s office at Kangra through phone,but received no proper response. I again sent complaint by e-mail to customer care 2nd time on Oct.18, 2009, for which reply received on Oct.20,2009.(Downloaded copy of reply received is enclosed as annexure IV )
v)12/09 :- After waiting for too much time, when no response received as per Customer care reply, then I sent my complaint 3rd time to customer care through e-mail and also contacted telephonically. Then, my complaint was got registered at customer care and I was given Complaint ID[protected] dt.12.12.2009.Reply received through e-mail on 14.12.2009. (Down loaded copies are attached as annexure V and VI).Also contacted to Regional office Chandigarh on 25 and 28 Dec.2009, but received no proper response.
vi) 1/10 :-On 01.01.2010, when contacted in the Dealer’s office at Kangra,Mr. Prince ,the Manager of Sant Hyundai ,asked me to send my Purchase details of car through SMS,which I sent to him, though I had given such details No. of times. On 02.01.2010 Mr. Rajdeep from customer care told me that the work is being done on complaint. On 27.01.2010 when contacted in the Regional office,Mr. Parmjeet singh Sandhu told me that this case has been rejected by the regional office, due to non punching by the Dealer,which is the fault of Dealer and the Dealer has to pay the offers amount.He also advised me to contact personally in the office of Dealer. On contact to Dealer’s office telephonically Mr. Punit told that the offers amount can not be granted as the same has not been received from the Company.
vii) 2/2010 :-On 6th and 7th Feb.2010, I again sent various details to Customer care through e-mail for which reply received on 09.02.2010.(Downloaded copies are enclosed as annexure VII,VIII AND IX).Other telephonic contacts in customer care office are on 9th,15th,16th,17th,and 19th Feb.2010 with Mr Peus Gupta,Mr.Kuldeep, Mr. Chandan and Miss Kiran respectively.Every time the reply received was that the Complaint has been forwarded to higher officers and shall be setteled shortly. On 24th Feb. 2010 Mr. Prince, Manager ,Sant Hyundai Kangra called me and asked me to negotiate the offers amount. He asked me to accept Rs. 9500/-(Rs.Nine thousand Five Hundred only) in written instead of 19000/-(Promised offers) ,and told that he will send the Cheque for Rs. 9500/-.I did not send him any such option, so he again called me on 26th Feb. 2010 and told me that he has made the cheque for Rs. 9500/-, and asked me to send my postal address with option to receive Rs. 9500/- only ,so that he could post the cheque . I send him the postal address but did not send him any such option.
viii) Downloaded copies of other E- mails sent to Customer care and Sant Hyundai Kangra are also enclosed as annexure X to XVIII .
The above act of Dealer, (Sant Hyundai Kangra ) has given me too much mental tension and also harassed me. I ,therefore request that the above said Dealer be directed to pay promised offers please.
It is therefore prayed –
i)That opposite party be directed to pay the promised offers amount , to the tune of Rs. 19000/-
ii)Complainant may please be compensated to the tune of Rs. as and if Hon’ble Forum feels for the mental agony and harassment caused to him in the due course.
iii)Cost of litigation may also be awarded suitably.

Place:
Date: Complainant:
(Madan Lal Kapil )
R/O Vill. Jatehri P.O.jhaniari Devi
Teh. and Distt. Hamirpur (H.P)

Verified at day of
a) copy of sale certificate - Annexure –I
b)Downloaded copies of complaint e-mails ,
sent to Company’s customer care Delhi and- Annexure II To IX
their response . -
c) )Downloaded copies of other e-mails sent
in reference to Customer care and Sant Hyundai Annexure X to XVIII
Kangra. - Complainant:
(Madan Lal Kapil )
R/O Vill. Jatehri P.O.jhaniari Devi
Teh. and Distt. Hamirpur (H.P)
I ,Madan Lal Kapil S/O Sh. Rattan Chand, aged 46 years,the above named complainant, do hereby solemnly declare that the particulars stated above are true to the best of my knowledge and belief and nothing has been concealed therein. I, further certify that Annexure I, II to X VIII appealed to the complaint are the true copies of original documents

Complainant:
(Madan Lal Kapil )
R/O Vill. Jatehri P.O.jhaniari Devi
Teh. and Distt. Hamirpur (H.P)

Annexure -XVIII
Cheating by Hyundai Dealer ; Sant Hyundai Kangra (H.P)
Inbox X



Reply

Prince to Ajay, me
show details 2:07 PM (0 minutes ago)

Sir

As per telephonic conversation we agreed to pay Rs..9500/- as a compensation.We also want to tell you that we were not informed by you for the exchange and corporate bonus at the time of delivery.So the above was not entered in the online system.


Please send someone to recieve the cheque and this is being done all because you are a valued customer.Attached herewith is the photocopy of the cheque.


Regards

Prince
----- Original Message -----
From: Ajay Kakkar
To: Prince
Sent: Tuesday, March 02, 2010 3:58 PM
Subject: Fwd: FW: Cheating by Hyundai Dealer ; Sant Hyundai Kangra (H.P)



[protected] Forwarded message[protected]
From: Ahmad <[protected]@hmil.net>
Date: Feb 22, 2010 11:40 AM
Subject: FW: Cheating by Hyundai Dealer ; Sant Hyundai Kangra (H.P)
To: [protected]@gmail.com
Cc: Harpreet Kaur <harpreet.[protected]@hmil.net>, Sandhu <[protected]@hmil.net>, Amandeep Singh Bains <[protected]@hmil.net>, Balvinder Singh <[protected]@hmil.net>


Escalated to Audit & Planning



Kindly arrange to address & resolve the concern asap.


Thanks & regards,
Hyundai Always Smile

Ahmad,


CCS - Service Support,
Hyundai Motor India Ltd.
Contact No:[protected]


[protected]
North
KAPIL MADAN LAL
Assigned
Complaint - Sales
Exchange Bonus
Exchange Bonus
SANT HYUNDAI
Transferred
DKBHALLA
12-Dec-09

3-Medium
Email
HQ: CUSTOMER DID NOT GET THE EXCHANGE BONUS AND CORPORATE BONUS TILL YET.
[protected]




From: Diksha [mailto:[protected]@hmil.net]
Sent: Monday, February 22, 2010 9:54 AM
To: 'Ahmad'
Subject: FW: Cheating by Hyundai Dealer ; Sant Hyundai Kangra (H.P)







From: Sandeep [mailto:sandeep.[protected]@hmil.net]
Sent: Monday, February 22, 2010 9:52 AM
To: 'Diksha'
Cc: [protected]@hmil.net
Subject: Cheating by Hyundai Dealer ; Sant Hyundai Kangra (H.P)



Dear Diksha,



Sending the following customer complaint received on the cyber audit website.



Kindly take up the issue and provide a feedback to the customer.



Serial No: [protected]

Name: madan lal kapil

Email ID: kapil.[protected]@gmail.com

Date of Posting: 15/02/2010

Phone No. : [protected]

Subject: Cheating by Hyundai dealer ; Sant Hyundai Kangra (H.P)



Promised offers Rs.Ninteen Thousand(exchange offer+corporate member offer)against the vehichle purchased on 17,Nov 2008 are not being paid by SANT HYUNDAI KANGRA by till date.Complaint has also been made to customer care 1st time on 14 Aug.2009 2nd time on 18 Oct 2009 through e-mail and 3rd time telephonically on 12 Dec 2009.Complaint ID is[protected] dt.12 Dec.2009.It is the cheating by the dealer with customer.



Regards,

Sandeep Chirania

Audit & Planning