Dear sir,
Sub : execution of court order by the hon’ble consumer disputes redressal forum dated 31st day of august 2017
Ref : c. C. No. 274/2016 filed on 19.08.2016.
I invite your kind attention to the subject mentioned above.
It is my humble request to execute the court order as on 31.08.2017 by the cdrf alappuzha without victimizing a valuable hyundai customer like me.
First of all, i am not lawyer but a medical doctor in profession, giving care and advice to the village people for the last 23 years. Now i am serving as an assistant surgeon, primary health centre, (Government of kerala), 18 kms away from my residence. Now i am using a hyundai car on monthly rent basis.
So you must know the heart-breaking story of my case. I purchased a brand new hyundai polar white model petrol car creta 1.6vtvt sx+ on 10.03.2016 with great difficulty and great hopes for carrying and strengthening my personal career successfully, after 23 years hardwork and financial assist from state bank of india, karunagappally branch in kollam district, kerala.
On 22/05/5016 at about 7:00 a. M., when i was travelling alone in my said new creta car from karunagppally to anayara in thiruvananthapuram, in connection with a meeting conducted by indian diabetic education association. Suddenly, i heard a noise in the said car. First i thought it was from outside. After travelling about 15kms towards kazhakoottam, i developed dizziness and suffocation. Since i am a medical doctor i could realizing the consequences and i suddenly stopped the car, but i was not able to step out from the car and there was nobody to help me. So i opened the door of the car and lied down on the driver seat for about 15 minutes.
In the meanwhile, both inside and outside temperature of the car increased heavily and fumes and smoke were coming out through the sides of the bonnet. Immediately i raised the bonnet and the engine cabin was full of fumes and smoke, which were rushing to my face. I informed this incident to the helpline people of m/s. Pothens hyundai, trivandrum and sat on the side of the national highway, at the incident point, for waiting the helpline people, promised they will be attending the case as soon as possible, but they reached only after eight hours after the incident and told that “today is sunday and holiday”. They inspected the vehicle thoroughly and detected the manufacturing defect of water pump fully system, the cooler of engine. It is the cause for heating up of engine and fumes coming out and is due to manufacturing defect. They informed the matter to their engineers. As per the instruction given by their officials, my said vehicle was taken away by tagging the car for repair by the service people of the pothens hyundai, trivandrum. At that time i am mentally and physically exhausted, i reached my house with the help of a taxi and after i get fever and not able to talk with the people.
One of my friends, an automobile engineer, visited me. Then i explained the matter briefly to him, after hearing, he told me try to replace the vehicle as it was dangerous to drive on the road. After that i consulted with more well known engineers (Automobile), they also told me the same opinion.
Then i asked the service people of the service centre of pothens hyundai, mannamthala white house, thiruvananthapuram for replacement of car with a brand new one but they denied by saying that they will repair the car free of cost under warrenty. I asked again to them, whether this incident will occur after repair. They are not able to answer my question told me that they are only service engineers.
After that, i went to m/s. S. S. Hundai, mavelikkara, alappuzha dist, along with my wife and discussed the matter with the sales manager mr ani v solomon. We asked for the replacement. He told i heard all things, and it was due to manufacturing defect and not our problem. We can repair under warrently only and we will not replace at any time. Then i asked if any accident occurred, what will you do?
Then he told further replacement of said car, the hyundai company need court order then only they replace or refund. We have no provision to replace or refund car after selling a car to customer and we are helpless
So i approached cdrf, alappuzha and filed case for replacement and refund. After hearing and evident the case, the hon’ble court ordered for replacement or refund with 90% interest from the date case filed with a compensation of rs.10, 000/- (Rupees ten thousand only) and rs.3, 000/- (Rupees ten thousand only) towards the cost of the proceedings., on 31.08.2017.
I received the court order. But till today, they are not invited me to execute the court order. My friends, well-wishers, told that you can contact the customer care department of hyundai india limited and they will solve the problem immediately and they will not cheat anybody. So finally i decided to write this letter, with great hope. I am enclosing herewith a copy of the court order, which is self explanatory.
Court order execution is your legal obligation for your valuable customers. I hope you will favour your valuable customer without victimizing. Here i am an innocent.
Expecting your speeding actions. Court order attached
Yours sincerely,
Dr. Iran shah s m
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