Vehicle damage
SRINIVASA
(Querist) 11 June 2012
This query is : Resolved
Sir,
I have purchased one Hyundai Getz diesel car from the original owner. The vehicle is regularly maintained at the Company's
show room only. The vehicle was to be maintained every six months or 10000 KMs whichever is earlier. The next service was due on 30-05-2012 and has run only 9000 KMs. However the engine was damaged due to mixing of oil with the coolant as the rubber inside the engine damaged which is not due to the fault driving of the owner/driver. On complaint to the show room and the Head OFfice, they replied stating that since the warranty period has expired the cost of spares and repairing has to be borne by us only.
My quiry is, since the vehicle was regularly maintained by the company only and there is no break in the service, is the company not liable for the damange for such a major damage to the engine which has run less than 40000 KMs only.
Kindly reply
P. Srinivas
Deepak Nair
(Expert) 11 June 2012
I understand from reading the query that you purchased the vehicle second hand from the original owner.
Please see whether the warranty is expired by referring the terms and conditions of the warranty. If the period of warranty is expired, the company is right in their stand, irrespective of the kilometers run bu the vehicle.
ajay sethi
(Expert) 11 June 2012
agree with deepak nair . see terms and conditons of warranty
Kiran Kumar
(Expert) 11 June 2012
the things are to be governed by the terms and conditions settled i.e. the Warranty Clause.
so, well advised by the Ld. Experts.
SRINIVASA
(Querist) 11 June 2012
I also agree with your views. But this is a rare case in the history of Hyundai that a engine has damaged for such a low mileage and what is the purpose in maintaining the vehicle by the company when such important things are not taken care of. The company at the time of servicing should have taken care of the presence of coolant, water etc., When there is no fault in my driving and maintenance, is the company not liable for some manufacturing defect of such an important component which has resulted the damage of the engine of the vehicle resulting in huge loss.
Kindly advice me as to the further course of action agains the company.
YOurs
P. Srinivas
RAJU O.F.,
(Expert) 12 June 2012
Your claim depends upon the terms and conditions of the warranty. It will be difficult for you to prove that the vehicle was serviced only in company's service centre, even before your purchase and that the vehicle was serviced at the required/recommended intervels. Better have an amicable settlement with the company service centre and get it rectified at minimum expenses.
SRINIVASA
(Querist) 13 June 2012
Sir,
The vehicle was serviced at the Company's service centre only even before my purchase. All the maintenance are entered in the computer and the repairs/maintenance done any where in at the company's service centre anywhere in India is recorded and the data is availalbe as the maintenance from the date of purchase till date. Hence there will not be any problem to prove that the vehicle is maintained at the company's show room only. The company show room has given an exhorbitant estimation to the tune of 1.25 lacs.
Kindly advice me as to the further course of action as the company is not ready to consider my plea.
Yours
P. srinivas
ajay sethi
(Expert) 13 June 2012
pay the money under protest . if you feel have good case under warranty then after consultation with local lawyer move consumer forum for deficency in service
