• Purchased a new vehicle that is faulty

Hi,
Am not sure if this is the right place to post the question. I've purchased a new Honda Jazz starting Oct 2017. On 26th of Oct 2017, I was taking a reverse when the steering wheel became hard. I immediately called the service station and gave the vehicle for inspection. However, they gave it back saying that there is no problem with the vehicle as the steering wheel got released by then.
Later on 29th Of Oct 2017, the issue happened again. No-one from the service centre turned up after informing them the same. However, the Honda sales agent(the person who sold me the car) and I showed him the exact process of how the issue happens. The Steering wheel actually became hard in his presence. He said that he will inform the service team. 
So, with the help of a friend I took the vehicle on 30th Oct 2017 to the Honda service centre.They were not ready to accept that there was any problem with the vehicle. So, we took one service agent from the service centre for a road test of my vehicle and showed him the issue. 

From the last couple of days they are telling that they are not able to identify the problem. Today (02-No-2017) morning, they called and said that thy will replace a part to check if the problem goes away. Though I agreed for the change, but I'm not happy to do this with a brand new vehicle.

Am I eligible for a refund, replacement or a compensation? What should be the process?
Asked 7 years ago in Civil Law

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19 Answers

1) during one year warranty period if any part is defective the company will replace the part free of cost

2) if vehicle part cannot be repaired then you would be entitled to claim refund of money paid by you

Ajay Sethi
Advocate, Mumbai
96761 Answers
7804 Consultations

If this is a manufacturing defect which was present in the car from day one when it moved out of factory, you shouldn't go for the replacement/repair.

Send a legal notice seeking appropriate relief, which could be to seek the replacement with a new car or refund of your money. Incase the issue is not addressed, park the car in the service center and file a case in the Consumer Forum.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

Hi, you have to request the Showroom for replacement of the vehicle, as the vehicle may be a manufacturing defects.

2. So if they fail to replace the vehicle then you can lodge Consumer Complaint for deficiency of service.

Pradeep Bharathipura
Advocate, Bangalore
5611 Answers
338 Consultations

Generally vehicles are sold under the promise of warranty, which is meant by replacement of defective parts and repairing free of cost and not under the promise of warranty which is meant by replacement of goods with new one, you have to çlaim replacement of defective parts free of cost and if you succeed in proving negligence and deficiency of service then you are also entitled to compensation.

Dhirendra Suresh Gautam
Advocate, Thane
15 Answers
2 Consultations

Hi, better you can request them through email, you can use the same as evidence before the Court.

Pradeep Bharathipura
Advocate, Bangalore
5611 Answers
338 Consultations

company would not replace your vehicle .

under terms and conditions of warranty only defective part would be replaced

3)request for replacement can be made by email or through letter

Ajay Sethi
Advocate, Mumbai
96761 Answers
7804 Consultations

Through both.

Write it to the Hyundai India and copy it to the dealership as well.

Send a legal notice if they don't pay heed to your request for replacement of car.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

hi

as you said that your vehicle is purchased just a month ago , then you have full warranty of your vehicle and the part will be replaced free of cost

and if the company is ready to replace your part free of cost then get it done.

as per the eligibility of refund and compensation you can file a suit in consumer forum but i think this is a minor problem and also they are ready to replace your faulty part

decision is yours

filing a suit will much of your precious time and money

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Sir,

First of all you should try to communicate in form of complaint via registered post and email .Still if they are irresponsible then you can approach the District Consumer Forum in this regard and I am very much hopeful you would receive relief.

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

Dear Query Raiser - Please do ask the dealer to get the same replaced as its a brand new vehicle and proper mail has to be given to the dealership head and the Companies authorised support ID with all the details and a request at the earliest.

Arun V S
Advocate, Jaipur
64 Answers

Get an expert opinion from an automobile engineer and go to consumer forum for replacement of defective part and compensation

Amit Pai
Advocate, Mumbai
53 Answers
3 Consultations

Hello sir , you can intimate them through e- mail about the fault and to replace the car .. If they fail to do so , serve them a legal notice through a advocate ..It is advisable to get a service report from the Honda dealer , regarding the fault , before sending them the e-mail ..it will be convinient for us to proof the fault before the consumer court

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

If you are not satisfied, then file a consumer compaint against dealer as well as company in consumer court also claiming harrasment and litigation cost.

Rajesh Kumar
Advocate, Ludhiana
119 Answers
1 Consultation

Please go and file a case in consumer forum seeking for recovery of damages and also send them legal notice...

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

The company is obliged to replace the part during the 1 year of warranty failing which you are entitled to receive appropriate compensation.

Anilesh Tewari
Advocate, New Delhi
18088 Answers
377 Consultations

Also please bear in mind that the company will not replace the vehicle at this juncture, write them through e-mail or post to replace the part. If they fail to respond then issue them a legal notice and the subsequently file a case in the consumer forum for the deficiency of services.

At that juncture you may claim the compensation for mental torture alongwith the fee for litigation.

Regards

Anilesh Tewari
Advocate, New Delhi
18088 Answers
377 Consultations

File a complaint in the Comsumer Forum describing the defect in product and deficiency of services and relief of refund, replacement or a compensation can be prayed for in the complaint.

Saurabh Yadav
Advocate, Gurgaon
50 Answers
1 Consultation

As per the warranty conditions, the faulty parts can be replaced without cost.

You check the conditions of warranty and guarantee.

If there is no clause to refund the money then you may claim only compensation for the faulty vehicle by way of case in the consumer forum if the service centre is not cooperating or compensating

T Kalaiselvan
Advocate, Vellore
86958 Answers
2334 Consultations

So, should this request for replacement be asked through registered email or through a hard copy letter? Whom this should be addressed to?

The replacement would be done automatically by the service centre if they are not able to repair or rectify the fault.

However you can send a request by writing to the service centre and await their reply

T Kalaiselvan
Advocate, Vellore
86958 Answers
2334 Consultations

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