• Defective car

I had purchased a passenger vehicle (Hyundai Elantra) on the 23rd Oct'16 and soon after that a faint noise starting coming from the tires. The issue was brought to the notice of personnel at Lakshmi Hyundai, Hebbal, Bangalore, from where the car was purchased whose initial response was the noise was 'normal'. When the issue was repeatedly brought up they agreed to test and have now agreed there is a defect with the tires/ tire hub assembly and are working on the diagnosis. They have agreed to replace the defective part once the diagnosis is complete but I wanted to check with you if there is a case to have the car replaced on the grounds of the defect. Its quite an expensive car (INR 23 lacs) and very new I would have ideally asked for a replacement instead of a repair if that is possible.
Asked 7 years ago in Property Law
Religion: Hindu

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3 Answers

during the warranty if there is any defect in the manufacture of of the car the manufacturer is bound to carry out necessary repairs and rectify defect

2) you would not get new car as replacement

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

Hello,

1) As a consumer you have the right to get your grievance addressed by the company/the vendor including a replacement of that is warranted. However you must be aware that rectification of the defect is what they are offering and well be their defence in the consumer court.

2) You have paid your hard earned money for the purchase of the car and can certainty demand a replacement or refund of the entire amount spent. Approach the concerned consumer forum.

3) The fact that the vehicle is registered in the name already would be the other defence the car vendor may come up with. Eventually the best would be to get the error rectified and pocket a compensation due the mental agony.

S J Mathew
Advocate, Mumbai
3561 Answers
175 Consultations

5.0 on 5.0

You can send a notice to the company instructing them to replace the vehicle on the whole as the vehicle is unfit and defective and not merely replacing the defective part since the vehicle has to be proper and fit in all aspects and also the warranty confirms it.

Let the company give a reply, you can plan to drag them to consumer forum an also publish the issue through the press media about this which may bring respite to you.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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