Hyundai Motors – Car with a manufacturing defect

Respected sir,
I bought Hyundai Verna Fluidic in the month of January 2014 from Modi Hyundai, Mumbai. My car registration no. is MH 01 BK 5193, VIN MALCU41ULDM148394. Since I purchased the car I have been facing problems with the car. When I took the delivery the handle of the front left side door was jammed. I was told to bring the car anytime in the workshop to rectify the defect. Since the part was not available I was told that it would be done at the time of first service. At the time of first service I was once again informed that the handle was not available and Again the handle was not available. Thereafter when the handle was available, I had to take the car again for replacement of the handle which caused severe inconvenience to me as also the frequent visits to the service centre caused monetary loss to me.

In the month of July 2014 the car all of a sudden stopped and could not be started. After calling the workshop the car was taken to the workshop and after a day I was informed that supposedly some pipe is damaged which needs replacement. It took around 7 days to replace the pipe and hand over the car to me which again caused inconvenience to me and my family since we had to hire taxi for commuting. Being a lawyer I am required to visit different courts in different parts of Mumbai and suburbs. Due to unavailability of the car I was inconvenienced since I had to hire taxi and due to monsoons at times my important papers were also damaged due to rains. I requested for courtesy car for the days my car was in the workshop the officials denied saying that they don’t give courtesy cars. After a week when the pipe was replaced, I was made to pay for the spare part. Neither the damaged pipe was handed over to me nor was shown to me which tantamount to cheating. On top of everything I had to suffer monetary loss amounting to Rs. 5,000/-. During the time my car was in the workshop for replacement of the pipe, my seats were made dirty as also I observed a stain of oil/ grease on the seat as also found a dent on the rear right hand side of the car, above the tyre. After raising this issue the dent was removed and the area was painted. It took three days which once again caused inconvenience and added expenditure to the tune of Rs. 3000/- for sending and bringing the car to the workshop.

On October 24, 2014 I gave my car for 10,000km service where after lot of insistence the stains on the seats were partially removed, I also got the oil and filter changed. After doing regular service my car on 15th November 2014 all of a sudden started emitting thick black smoke from the exhaust pipe as if there was a fire in the car. I immediately turned off the ignition. After umpteen attempts to call the helpline no. I was attended and was told to call toll free no. for road assistance. After two hours when the toeing van did not come I called again only to know that since there was some technical difficulty the message could not be conveyed for the toeing van. After waiting for hours together toeing van arrived and by the time car reached workshop the technicians had all left. I was told that since the technicians are not available it would not be possible for them to find what was the fault.

After again following up several times with the workshop we were informed that there is a manufacturing defect and therefore the whole procedure would take 15 days.

In November 2014 the problem was rectified under the warranty and I was told that there was a defect in turbo charger and the same has been replaced. I was assured that I will have no problems in future with this car. Relying on the assurances given by the service centre, I took the delivery of the car. Now after six months same problem has occurred in the car i.e. emission of black smoke from the exhaust pipe and running of engine for sometime inspite of switching off the ignition and taking out the keys.

When I had this break down on 8th July 2015 the car was towed to the Chunabhatti service centre, since we have been doing the service in this centre as also this service centre had fixed the problem that had happened earlier. Since it was late in the night when the car was left at the service centre. Next day morning I called Mr. Mahesh Palav, the service manager of chunnabhati workshop and informed him that the same problem has occurred with the car and therefore requested him to look into the matter. Thereafter we received a call from the service centre informing us that the fuel in the car was adulterated and therefore the car broke down.

I immediately spoke to Mr. Mahesh Palav informing that this cannot be the case since it was the same problem that had occurred earlier as also we have been filling the fuel from a very reputed Petrol pump for the last 15 years. In November 2014 at no point of time I was informed that the problem occurred due to fuel adulteration, Infact I was informed that there was a defect in the part which apparently came to be replaced. Mr. Mahesh Palav insisted that the car has been damaged due to adulterated fuel and therefore the damage is not covered under warranty. My husband tried to explain him that the same problem had occurred six months back and we were informed that it was due to defect in a part of the car, which was subsequently replaced. When my husband insisted with Mr. Palav to cover the repairs in the warranty, he came down heavily on my husband and said that it is not their fault and therefore we will have to bear the entire expenditure. He further intimidated us that in the event we intend to go to consumer forum we can do so since he (Mr. Palav) is not scared and has enough proof.

I am a practicing lawyer and have a family with two senior citizen who have problems in walking and a child studying in 8th standard who keeps commuting on and off for her extra classes. Since I did not want to inconvenience anyone, I sought an estimate of the repair work, inspite of the fact that vehicle is covered under warranty as well as extended warranty, we were given estimate for repairs around Rs. 1,00,000/-, looking at the estimate, I was surprised and decided to shift my car to another Hyundai Service Centre at Bhandup. My husband and me once again requested the service manager Mr. Bhushan Wagal, to look into the matter and insisted to do the needful under warranty.

After thorough inspection of the vehicle we were informed by Mr. Bhushan, that the fuel and the fuel lines needs to be cleaned and filter needs to be replaced and were assured that problem will be solved after this procedure, still we insisted for warranty claim. After which we were once again verbally informed that such minor repairs cannot be covered under warranty and therefore we have to do the same at our costs.

Being a lay person in the field of cars, me and my husband decided to get the car above mentioned repaired so as to enable us to return to the routine of our day to day life. Due to non-availability of the car my family was facing hardship and therefore we did not want to waste any further time and upon receiving feedback we gave approval for replacement of fuel filter, clean fuel lines and replace the fuel.

I was later informed by Mr. Bhushan, that the problem could not be fixed even after replacement of above fuel filter and fuel, and further told that the FI pump and Injectors needs to be serviced at Vashi which will incur high cost. As it is a new car and hardly driven for few thousand kilometers this problem should not arise. So we insisted him to do the needful under warranty, as we were informed that it will incur a huge cost.

It was after 2-3 days we were informed that the work cannot be done under warranty, as Mr Bhushan, has communicated, consulted the concerned authority in Hyundai Motors company and the same is not approved by them. In the mean time the FI pump was sent to some unit in Vashi without our approval and no estimate for the same was given.

We were further told after a week, that the vehicle is ready and will be delivered soon and is under trial. Again we received a call from Mr. Bhushan, and were told that the FI pump needs some further repairs and it will take more time as the repair work is not done properly and the vehicle still emits black smoke, which they observed while taking test drive. Now we have doubt and we are sure that the vehicle had no problem with FI pump, or fuel but has some manufacturing defect, otherwise after servicing and repairs of the above at authorized service center in Vashi, my vehicle should have been in perfect condition.

It clearly proves that re-occurrence of the problem of emitting black smoke is not because of any adulteration otherwise thousands of vehicles Hyundai as well as other manufacturers, filling diesel at that petrol pump would have had same problem and those vehicles would have been in different workshops of Hyundai.

Keeping the above facts in mind kindly note further that;
1: The vehicle has manufacturing defect and not the fuel;
2: The vehicle is repaired as try and error basis for which we are not liable to pay;
3: No estimate for further repairs have been given to us till date nor approval has been given by us other than replacement of filter and fuel;
4. No communication with regards to warranry claim raised and rejection by Hyundai Motors have been shared with us;
3. Inspite of keeping the car for almost a month and constant follow-up, the problem is still not fixed;
4. Inspite of the car coverd under warranty and extended warranty the work is not done under it.
5. It is the re-occurrence of same problem we faced in Nov 2014 hence it very clear that the car has Manufacturing defect.

In the aforesaid circumstances, I reiterate to consider the repairs/ replacement of any such part of the car under warranty, since I totally believe that the persisting manufacturing defects damages parts are covered in warranty. I believe Hyundai is the second best company in sales and service after Maruti Suzuki. It is only on the assurances given by the company me and my family decided to buy the Hyundai Car. I have always appreciated the work of Korean companies be it be electronics or cars. My experiences with electronic products have been amazing, however it is unfortunate that my experience with this car has turned into a nightmare.

I had requested to replace my car, but I was assured that I would not face any further problems with the car. It is not even a year after the first incidence and once again the same problem has arisen. I have been let down time and again by Hyundai Motors and Modi Hyundai.

I have now received an email from Mr. Bhushan Vagal attaching the Pre Invoice in the sum more than Rs. 80,000/- for the work done in my car.

I am totally appalled by this kind of treatment given to me. Inspite of repeatedly informing that my car is covered in warranty and the work should be done in warranty, An Invoice of such a huge amount for the work which is covered under the warranty has been sent to me. Firstly the FI pumps and injectors were sent to Vashi without my approval and secondly no estimate was given to me for such servicing to be carried out at Vashi. Pursuant to sending my email dated 29th July 2015, my husband received a call from Mr. Mahesh Palav requested my husband to bring the car since the car is covered under warranty and therefore the car will be serviced under warranty. My husband informed him that the car is lying in Bhandup workshop to which Mr. Mahesh Palav informed that the workshop is also an authorised service centre of Hyundai and belongs to Modi Group and the warranty can be availed from there as well. Also Earlier Mr. Bhushan had informed that the company has turned down our request to cover the service under warranty, however, after sending email to the Regional Head Mr. Bhushan informed my husband that he has written an email to the company requesting them to consider the service of the car to be covered in warranty. This clearly shows that Mr. Bhushan had not sought approval from the company to cover the repairs under warranty.

I am unable to understand that a company of such a standing in the market is mistreating the confidence of the customer and in the aforesaid circumstances my confidence and trust on the company is totally shattered. It is unfortunate that my politeness and patience have been misunderstood by the company and in such event I have left with no option but to adopt legal proceedings against the company as also report my experience with the car and the company through social media. I am shocked to know that a company like Hyundai do not have quality control on manufacturing nor the technicians/ staff handling the car in dealership are not properly trained. The Dealer does not have customer service. A customer is harassed to his death. I am repenting the day I purchased a Hyundai Car which has given only mental agony to me and my family. I believed that a Korean company’s only moto is customer satisfaction, however my belief is totally shattered. I am entirely disgusted with the manner I have been given service by Modi Hyunda and the Hyundai Company. Moreso I have addressed my grievances to the various email ids provided by the company for helping the customer but I have not received a single reply or a phone call from the company.

I humbly request you to look into the matter.

Thanks and regards,
Dipti Das
9820180456
[email protected]


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