HYUNDAI MOTOR INDIA LTD. Vs. HARSHAD RAMJI CHAUHAN
LAWS(NCD)-2020-9-1
NCDRC
Decided on September 01,2020

Hyundai Motor India Ltd. Appellant
VERSUS
Harshad Ramji Chauhan Respondents

JUDGEMENT

V.K.JAIN (ORAL), J. - (1.) The complainant/respondent purchased a Hyundai I-20 car manufactured by the petitioner Company from its dealer on 04.06.2010. On 27.08.2010 water entered the car through the holes in its chassis. The vehicle was taken to a mechanic who pointed out to the complainant that there were holes in the bottom of the car. The car was taken to the service center and the needful was done. The complainant approached the concerned District Forum by way of a consumer complaint seeking replacement of the car as well compensation. However, the water again entered the car of the complainant on 16.11.2010. It would be pertinent to note here that the consumer complaint was filed by the second incident of the water entering the car happened.
(2.) The complaint was resisted by the petitioner company which inter alia stated in its reply that the leakage took place on account of the rubber seal of the floor of the car having been damaged on account of the water having entered the car due to heavy rains. It was further stated in the reply that after necessary repairs within one hour the car was returned to the complainant. When it was brought for the second time, the necessary repair was again carried out.
(3.) The District Forum vide its order dated 30.09.2011 directed as under:- "The opponent is ordered to give New Hundai I 20 Megna A.B.S. model and take back the defective car. The opponents are also ordered to pay Rs.5000/-(Rupees Five Thousand only) against Mental Harassment and Rs.3000/- (Rupees Three Thousand only) against cost.";


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