[Resolved]  Hyundai I - 10 — Complaint about the delivery of damaged vehicle i.e i10 Hyundai

Address:

Mumbai City, Maharashtra

Attn:-
Chief Service Manager,
West Regional Office.
Ref: Hyundai Motors India Ltd. Complain #[protected]

Mahendra Gangji Vikmani,
361/14, Babubhai Terrace,
Dr.Ambedkar Road,
Matunga (E),
Mumbai-400019
Date- 16/02/2011
To,
Mr.Sachin Parekh
M/s Addish Marketing,
Vile Parle (E)
Mumbai-400057
To,
Mody Motors Agencies Pvt. Ltd.
Chavda industries, besdised Nirman Industrial Estate,
Opp. Parija C.H.S.L,
New link road,
Malad(w).
Mumbai-400064
To,
Hyundai Motors India Ltd. (West region),
Andheri Kurla Road,
Andheri(E)
Mumbai-400059


Subject :- Complaint about the delivery of damaged vehicle i.e i10 Hyundai make.
Chasis no. 7690407
Vehicle no MH 01.AV 6905
Delivered on 17 – 01 – 2011
Sir,
I purchased the above car on behalf of my brother Mr.Laxmichand Vikmani, I am the attorney holder of my brother, I have POA of my brother, Through your company on 17th Jan 2011 at about 11.30 A.M. the delivery was accepted by me after paying Rs.8100 for extra accessories.
While accepting the delivery as usual we had full faith that the vehicle would be in complete Good- worthy condition and not even a scratch on it.
I accepted the delivery and took out the vehicle from your showroom and I found that the petrol tank was empty thinking that the petrol being insufficient to reach Matunga from Vile Parle. I turned the vehicle on a nearby petrol pump viz Adarsh Service Station, Nehru road,Vile Parle (E) and asked the service man at the petrol pump to fill the tank full. I filled the tank at about 12.05 P.M. Then the serviceman found the petrol tank was leaking and when he went beneath the car he observed that the petrol tank as well as the chasis and other protruding parts of the brand new car were extremely damaged. The service man asked me not to drive the said car in that situation or else it would catch fire and I would sustain irrepairable loss including physical harm.
I then contacted you through phone and brought it to your staff member Ms.Chaitali who delivered the car to me. He sent a driver named Shivam to get the car to your showroom. I then handed over the keys of the car to Mr.Shivam as per the direction of Mr.Shivam who then towed the car to your showroom. I thus lost Rs.1893.30 initially towards the leakage of petrol.
I was handed over the documents of the car which are in my custody now. Next day I contacted Ms.Chaitali about the vehicle where upon I received the reply that the vehicle has been sent to service station and after receiving the report she would inform us about the progress.
I waited for 3-4 days but no response or reply was received from your centre. I thereafter contacted Ms.Chaitali and asked about the chief executive of your company. Then she gave your name and asked me to contact you.
I contacted you on phone when you told me that you would inquire and inform me on the next day. After about 2 days i.e. on 22nd Jan 2011 you told me that since we have received the delivery of the vehicle it was our responsibility and he shrinked his hands and whatever damages was caused it was for us at our own expenses and gave me the estimate of Rs.32000/- towards repairs and replacement of the petrol tank and further alleged that I must have got the car damaged while taking the car to the petrol pump.
Further to surprise me, you suggested that neither myself nor you should suffer the damage. I should prefer the claim through the insurers “Tata AIG” so that both o[censored]s would be exonerated from the expenses.
Thereafter your representative Shri. Patil approached at my brother’s office and took his signature on some blank forms purposed to be the insurance claim and the contents whereof later filled I was not aware.
To my utter dismay, I found that the contents filled in were wrongly and misguidedly that the accident took place at about 5.00 P.M. on 17th Jan 2011 between Matunga and Dadar when the car was stationary in your showroom. Thus I was not responsible for damages.
M/s Tata AIG suspected some foul that the delivery and the accident caused on the same day and they sent their surveyor Mr.Indrapal Singh to record my brother’s statement and he narrated the truth to him and he found the variation in the claim form and my statement recorded by Mr.Indrapal Singh. The statement of the driver whose photocopy of discuse was attached with the claim form also denied to have driven the car on historial day. In his statement he has added that when he took the delivery from M/s Modi Motor Agencies Pvt. Ltd., Goregaon he found that there was some defect in the vehicle and he left the car in your showroom in that state.
M/s Tata AIG then on the variation of the three statements rejected the claim.
On 25th Jan 2011 at about 3.30p.m. I , yourself, Mr.Rakesh and one Mr.Atul Parekh had a conference to solve the problem. In the meeting Mr.Rakesh admitted that driver Mr. Wasim Shaikh had complained to him that there was some defect in the vehicle.
After realizing your mistake you kept mum on that day and on 28th Jan 2011 you called me at your office and suggested to share the loss spending equally. I rebutted your offer there and then asking you to make good of the damage.
I enquired price of the fuel tank of the said car and I knew that the same was a partly on to the toe of Rs.4700/-
I then realized that your quotation was either exorbitant or may be the car must have sustained more damage which was hided by you.
Again you contacted me and called me at your office. Myself in the company of my elder brother Satishbhai and my friend Kamalbhai visited your office on 1/2/2011 at around 3.30.p.m. Whereupon you told us that you had convinced M/s Modi Motors and all should bear the expenses equally i.e. 1/3 rd and you further quoted the estimate of Rs.50000/- All o[censored]s suggested that they along with you should visited Modi Hyundai’s workshop at Goregaon and confirm your statement and you flatly refused to accompany.
I and 2 of the above companions then visited Modi Hyundai’s workshop and saw the car and finding the damages in the new car I refused to accept the car and demanded a new car from the showroom.
Denying our suggestion M/s Modi Hyundai gave the repairing estimate approximately Rs.25000/-
Another surprise arose when I received a phone call from Mr.Patil the representative of M/s Tata AIG that you have submitted a claim (repeating the same form) without intimation to us and he further told that we would never succeed in recovering the claim. We therefore withdrew the claim.
I cause to know that you thereafter went to M/s Modi Hyundai to see the car and thereafter requested me to accept the delivery of the said car after fully repaired at your cost. I did not accept the offer and sent you an email on 5/2/2011 asking you to replace the car by a brand new car or pay back the money (cost of the car) with interest and other expenses. When I have paid the money for a brand new car, why should I accept a damaged (accident) car??
Since there was no response from you on our demand. I am left with no alternative other than to proceed against you before consumer’s forum for the redressal of my grievance, holding you responsible for all the cost and consequences and even for my precious time which was wasted and the mental trauma I & my family have gone through, within 2days of the receipt, hereof which please note.
Yours Truly,
Mahendra Vikmani
C.C.
1) The Sr. Inspector of Police
Vileparle Police Station.
Vileparle (East), Mumbai
Enclosed:
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