ORDER AVAILABLE AT https://164.100.72.12/ncdrcrep/judgement/33547131212133952136Cijoini.htm
Hyundai directed to refund consumer for faulty steering wheel and poor mileage BY CONSUMERS COURT: Car manufacturer Hyundai has been directed by a local consumer forum to refund a sum of Rs. 5, 03, 062 as compensation to a customer for selling a car with a defective steering wheel. In a complaint filed at the South Goa District Consumer Disputes Redressal Forum, the complainant, CIJONI MATILDA DIAS from Margao, in February 2012, stated that at the time of purchase the car was running well. However, within 10 days, the steering wheel developed problems and was not rotating properly, to the extent that when the wheel turned either to the right of left while driving it remained in the said position and did not freely return back to its normal position, that is, straight position. Rotating the wheel was difficult even though it had power steering.
Also, she proved by way of a mileage test conducted by Hyundai that the car only gave a mileage of 12 kms per litre which was far less than the company’s claims of 21 kms per litre.
According to her, despite repeated complaints by the complainant to the car dealer, the steering wheel was not replaced nor was the mileage problem rectified. In order to secure her safety, the complainant took the car to an independent service station to allay her fears and also took the opinion of mechanical engineers, both of whom opined that the steering wheel had a manufacturing defect and that it was dangerous which could lead to an accident. The respondents(both the car company and the dealer) in their replies disputed the complaint and contended that there was no defect in the car after it was inspected during the first free service. They also denied any deficiency in service on their part. The forum, relying upon the documents and other material placed before it, observed that the company failed to deliver a vehicle free from any defects which is their bounden duty, and directed Hyundai to refund a sum of Rs 5, 03, 062 along with interest at 9 per cent per annum from the date the car was purchased. It directed the complainant to hand over the vehicle upon refund.
The forum also directed that company to pay an additional sum of Rs 25, 000 to the complainant towards mental pain and suffering.
ORDER AVAILABLE AT https://164.100.72.12/ncdrcrep/judgement/33547131212133952136Cijoini.htm
Further: Hyundai did appeal in the STATE CONSUMERS DISPUTES COURT.
The court has dismissed the appeal and directed HYUNDAI MOTORS to stop unfair trade practice by changing their website that assures 20Kms/ltr within a period of 30 Days and report compliance.