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A city Consumer Disputes Redressal Commission has dismissed the claim of a 57-year-old businessman to a new Hyundai car or a refund citing alleged manufacturing defect. The commission stated that the problem with the car is due to not following norms stated by the manufacturer.

Kishore Khanna had filed the complaint before the forum in September 2012 after buying the Hyundai i10 in April 2011. Khanna stated in his complaint that he had problems shifting gears and suffered humiliation in public and also missed important business opportunities. He further said he went through mental agony of getting the vehicle towed.

Commission’s President RG Wankhade said in his judgment that the complaint seems premature as it is filed prior to 2015, till when the warranty was valid and both opponents were willing to discharge their obligations and had promptly attended to complaints. It also noted that the problem was first reported in September 2011, after four services.

The commission also noted that during the first free service the car had run over 1400 km and in three years after purchase, it had run over 19,800 km. “Every vehicle owner is well aware that a vehicle is made of many major and minor parts. If a vehicle is run in a negligent and rash manner without following the norms prescribed by the manufacturer, the problem, as pointed in the complaint, may arise. From the facts on record, it appears that the problem persists in the vehicle due to improper application of norms provided by the manufacturer,” it stated.

It further said that the complaint was filed when the warranty was in force and that the complainant has failed to establish that he was unable to drive the car after the repairs.

Hyundai Motors and the dealer Shreenath Motors, Andheri from whom he had bought the car, had opposed the complaint. The former had said that the car was delivered in perfect running condition without any technical defect. Both said the vehicle had registered for an extended warranty till 2015 and that they were willing to fulfil their warranty obligations. The dealer had said that the problem arose due to negligent usage by Khanna. It had told the commission that till April 2014, the car had run over 19,800 km.

[This Story first appeared on the Free Press Journal]