[Resolved]  Hyundai Getz Prime Crdi — car catching fire in warranty period

I had purchased a car on 7th Jul 08 with the help of Bank Finance and this car was driven by my husband single handed and we do not have any driver. This car was insured under the insurance cover provided by HDFC Ergo as suggested by the local dealer from whom we had bought the car. It was the scorching hot noon of 13th April ’09 when myself and my husband drove to Hinganghat 150 km away from Amravati for some family work. This car was parked in front of a lawn owned by us and it caught fire of its own within 3 mts of parking. The fire had broken out of the bonnet of the car and it was put off with the help of local people. The battery and all the surrounding wiring had been fully burnt and the dealer was informed on phone immediately about the incidence. He told us to leave the car where it was and he would be sending someone to bring the car back to Amravati for further action. The concerned persons from Amravati reached the spot and towed the car to Amravati showroom of the dealer the same day at 11 PM.
From that day onwards we visited the dealer everyday with the hope to get something done to repair the car as it was in warranty period but the persons there had nothing to offer except empty promises. Finally, we sent a notice through a lawyer on 3rd May 09 to the dealer, the regional office at Mumbai, country office at Delhi and the Insurance office asking them to take some action to get the car in working condition but it was of no use. The car kept accumulating dust and dirt in the garage premises of the dealer. With no hope from these responsible people, we had to file a complaint in the District Consumer court on 28th May 09. The opposite parties were the local dealer, the regional office, the country office and the insurance company. The advocate had drafted and filed the case but he did not appear for the final arguement. I had myself defended my case before the judge. Our main point for the argument was that the car had caught fire due to a manufacturing defect and as it was in warranty period it should be replaced. The judge dismissed the case (12th Nov 09) saying that as complainants we could not produce any evidence to prove the manufacturing defect in the car. I was very depressed with this outcome and thought of asking for the insurance claim. The policy was renewed when the case was still in the court. We sent an email to the Mumbai office and a surveyor was appointed to inspect the car in the last week of Dec 09 and till date no further action has been taken even by them. I am desperately in need of sorting this thing out with minimum of expenses and trouble and trying to seek help with people and agencies that could help me out. I came across your organisation on the net and hence I am writing to you for further course of action and help.