[ninjatalli]

This is unfortunate - both for the buyer and the dealer. Assuming they are saying the truth when they say it's an accident. But that's what it is then - an accident. And for that dealers have insurance cover and *should* subsequently have means to compensate the buyer accordingly. It's not a usual occurrence - it probably happens once in a thousand cars (delivery).

In this case, I don't think a new car to be offered is the only route; although it would have been really good on their part and would have won good feedback in the market. Especially considering they are relatively new to the Indian market.

Note: OP calling this a refurbished car is the wrong connotation. Accidents can happen. That's why even we take up insurance to cater to such scenarios.

My advice: If they aren't budging (for a new car) and this thread doesn't help, push for some official communication acknowledging the accidental damage and make sure they commit to any future symptoms over the next few months atleast. And then enjoy our new car ownership. It is still a new car. Scratches and dents are part and parcel of a new car ownership; especially with a color like the one you have chosen.

[pk_del]

Sorry to hear, this is very unfortunate and I can feel the pain. Had to go through almost similar thing (not scratches though) with my Punto purchase. In fact I was under so much stress that I couldn't sleep for some days. And, if I look back now, I feel all that stress/anger/impatience was not needed

I wish you had visited the dealer and seen the car before giving the full payment. Dealers will force you to give payment in full and will threaten you that car will be allotted to some one else. We shouldn't fall for this trap.

This can happen, but it can be prevented because when the car is released on a deposited booking amount from the factory, the VIN is usually assigned in the name of that customer. You can always argue back that how can the dealer allot the same car to someone else.

Also, as a thumb rule always do the full payment after seeing the car in person in the yard (Pre PDI inspection). This helps to avoid all this mess up.

I suspect the car got damaged even before it was registered in your name and the dealer hurriedly registered it in your name and then carried out the repairing work.

Good thing is that you have not signed the delivery form. Strike a deal with them lets say get extended warranty for free and other add ons. As they are handing you a repaired car, ask them to refund some part of the amount as a good will gesture.

If I were you, I would sit with the dealer and work this off calmly get the car and sell it off (bear some depreciation). I know its easier said than done.

The other option is definitely open, which is going to consumer court and fight for replacement. Its a little lengthy process though.

Whatever way you chose, you will have to deal it with calmly and with cool mind.

All the best.

-PK

[shancz]

Sorry to hear Umang, it hurts even when I am not the owner.

Your buying experience is one thing and that is unfortunately being heard more often than we would like with Kia and that's not good at all.

But the issue being discussed here is a grey and I don't find either you or Kia at fault. The fault and responsibility does rest with the dealer since it was under his control then but IMO asking for a new car isn't fair.

I know it hurts but it is similar to a case where you ask your friend to drive it home while you follow in your other vehicle and your friend bumps it somewhere. You still feel bad, probably won't speak that much and will probably claim insurance or cash depending on the cost. You pay since you asked him/her to drive it for you. If it was your friend who had asked to drive he would pay(I have).
In any case you'll still be sad/angry but if the cost is major you'll claim insurance and not ask your friend to replace it with a new car right ?

Just take it as one of those cases and settle for some compensation so the dealer will be extra careful with other's cars from now on, like a good friend should

On a technical note all those scratches are doable but my only concern is the dent near the roof rail. If the dealer has fixed it, kudos.
My car sports scratches and dents on that very spot, boot lid, rear fender, rear door and the C-Pillar when a "chajja" came crashing down and some of the debris hit my car. Just coated them with some paint to avoid rusting and it carries those scars till date possibly for good. Even claiming insurance didn't make sense.
Slightly OT but my car was hit on the rear bumper by a two wheeler barely 10 mins post delivery, what do you say

Hurts yes, but happens so brush it off as one of those things and enjoy your drives with the new car.
Looks good in this color, your wait was well worth it.

[girishv]

The registration date is 16th. As you had already waited 7 months, what may be the reason for collecting a week later?

I'm sorry for your pain. I hope it gets solved at the earliest and you can start using your ride.

Originally Posted by UmangThaker79

I write
2.On 22nd July which was the defined date of delivery I was supposed to collect the vehicle – I got a call from the dealership (Vikram Solanki) saying there was an accidental damage and resulting in some scratches to the vehicle.
.

[Turbanator]

Originally Posted by UmangThaker79

1.If the car had not been handed over to the owner – the responsibility of keeping the vehicle in good order rests with the dealership. Any damage of any kind to the vehicle should be owned by the Dealership or the OEM.

100% agree with you here. They should have parked it securely or told you clearly that it will be parked at your risks and costs. Now, members who are suggesting this as an accident and could have happened immediately, maybe just after delivery, I agree but that does not absolve the dealer for making this right.

Think from the OP's perspective, how many of us will like to drive a brand new vehicle paid with hard earned money after getting repaired due to an accident caused by someone else who had no business in driving that car at first place.

How Dealership suffers is not concern of buyer, they should either make a reasonable offer to the OP or give a brand new car and use this as demo or sell to someone else. What happens to the car after one takes delivery, the onus/ fate is of the buyer but I won't accept a damaged car for no fault.

[Thermodynamics]

Body work is very common in new cars. If the damage is minor such as glass, scratches and dents, the dealer's warehouse garage irons it out usually.

In case of significant damages such as to the roof, pillars, engine bay etc., ethical dealers usually mention it and sell the car at a discount. If no buyer is found, they even ship it back to factory.

But in your case, the damage appears moderate and feasible to get rectified by warehouse garage. So, I don't think they will replace. Yes it is an unfortunate bitter pill.

You may probably demand a quality body work and paint job by garage and accept the ceramic coating offered as compensation.

PS: A good ceramic coating would cost north of 30k. A car door replacement would also probably cost the same. There you go...

[sunikkat]

The only way you have a possibility of getting a new car is if you take the legal route. But you need to have the patience to wait for things to take it’s due course.

If not, you would need to consider this as an accident and ensure dealer fixes it completely to your satisfaction and also give an adequate compensation, not a ceramic coating though.
The dealer provided ceramic coating will only be an eyewash.

I know it’s easier said than done but after few months of ownership you wouldn’t think about these incidents.

[tirumalavoleti]

Most unfortunate thing to happen before the delivery.

But read this post with some philosophy.

The accident could have happened after the delivery or during the service or at your home with out your intention. (I had one where my car cleaner engaged first gear instead of reverse in the car parking, you could imagine what have happened)

So this was bound to happen irrespective of the timing and placing. Negotiate for extended warranty, free services and accessories from dealer, what ever he could

Regarding the damage, take a written memo from the dealer of the happening and accept the terms to go legal in case of major repairs in future.

Dealers lie out right

[NirmalK]

Please do not take delivery of the vehicle. You have paid for a brand new vehicle and you are entitled to receive a new one. Not a refurbished one. The dealer and KIA would have enough financial resources to take a got on one vehicle. Don't budge. Take a new Seltos home.

[warrioraks]

In typical B2B scenarios, this is usually governed by FOB (freight on board) terms. Does anyone know if these are included in car sales agreement when a person (B2C) buys the car?

Unless the OP signed an agreement indemnifying the dealer from shipping related damage, there is no way it makes sense to take the accidental car. If you order a mobile and it is delivered with a screen cracked, would you agree to take that phone with seller replacing the screen with a new one?

A dealer delivers a thousand cars over their lifetime but a customer usually buys only a few. I would expect the dealer/company to pay the price (not the repair cost) and provide a decent experience to the buyer. They can use the car as demo or salvage it for parts, but asking the OP to accept the car with a ceramic coating as a token of compensation is seriously lol.

I just posted on another thread related to Tata Motors where a Bhpian is struggling with their bad service. To think TaMo is a case study on how not to handle customers, and landing on this thread. Kia and its dealers seem to be turning into a bigger example now.

[ronford]

This is a very bad situation to be in seeing your prized possession damaged this way.

Also, the dealership should have handled it better considering this happened in their premises under their ownership. Ceramic coating is nothing for that sort of damage. Heck, dealerships have done much more even for very small damages.

[RJK]

Hi Umang,

Please accept my sympathies for your plight. However, knowing its KIA and their dealers, I would not expect any further support from what is already offered to you. The only way to get a replacement that you want is to get a good lawyer engaged if you have the mental framework and money for it. Money because you’ll have to continue paying EMI’s without the car. Or else, call it a bad experience of life, try to negotiate some better offerings than just a ceramic coat, probably get KIA and Shreenath to give in writing that no structural damage to the car etc, just to keep yourself safe in case some issues arise later on. Because the moment you drive the car out, monkey’s on your back!

Instances such as these are what reinforce my way of taking deliveries that I have been doing for more than 10yrs now. Never allow dealer to touch
/drive the car out of stockyard. For our recent purchase as well, I went to the stockyard for a PDI before registration and then drive myself from stockyard to the dealership where family arrived for a typical delivery affair. People call me mental, psycho and what not but I feel that it’s our money at stake, not dealers, they care 2 hoots. Couple of days must be managed to ensure such sour things don’t happen while bringing new car home. This unfortunately is the only way to hedge your risk in our country. If we don’t value our money, it’s just plain hope that we expect others to value our money.

To all others saying money is to be paid just before taking delivery, unfortunately that doesn’t seem to happen in Bombay. We must make full payment before the vehicle is sent for registration; for slow moving vehicles atleast 25% payment must be made even before the vehicle is dispatched from the factory as I learned in the case of our Camry earlier this year.

Umang, sorry to be bearer of bad news but the success of Seltos and Creta have gone to Kia/Hyundai’s and their dealers heads. Elsewhere on the forum also mentioned that such behaviour is to be expected from OEM’s whose vehicles are raging successes. I don’t think you can expect much from these rogues. Shortly we’ll hear similar stories about Mahindra dealers too.

[mayankk]

Had this been any of Kia's developed markets, they would have been falling over themselves to manage the customer, either by way of freebies or even a new car, just so that he wouldn't make any noise. But our consumer protection, or lack of it, being what it is(nt).....
It is difficult to accept a damaged car, or a fixed one, when you've paid for a brand new feel. Especially since you're being offered a pittance as compensation. Ceramic is a scam which is oversold by many times it's actual worth, so the dealer is essentially not facing any hardship. At the very least all damage that has been caused should have future coverage in writing, and just to placate the owner of a new, repaired car, some service package for 4-5 services should be provided.

But I know what will happen here. The owner will have to swallow his anger and pride, take that damn ceramic thing, and go off. He's the one stuck with the emi.

[Ananthang]

Very Sorry to hear that. Please ask for a new car, Discount of 1 lakh or 4 to 5 Years zero maintenance along with consumables. Nothing less than that. Ceramic coating is a lame upgrade and especially if you are frequent car upgrader it doesn’t add much value.

They should have insurance for vehicles inside their premises.

Tweet to Kia US, Kia India and directly to their CxO who ever is available online.

[GTO]

Big deal if the car is already registered. It's not like the car is tied to you for life. Fight man, fight. The dealer should sell the car as 2nd owner and absorb the loss. It's damaged goods, happened on their property and he should absorb the losses as the cost of doing business.

Take it up with Kia & spread it on social media. We will do our bit by placing your thread on the homepage today. Take a good + strong negotiator and sit on the table first to talk (refer to this thread (ARTICLE: What to do if you are stuck with a lemon (Defective car))). Don't bring in a lawyer just yet as the talks will end, but make it clear that you are open to take the legal route if it comes to that.

Be very, very firm that you have paid for a new car and you will accept a new undamaged car only. Of course, if the dealer offers you a very good discount on this car which you are okay with, then it's between the two of you. But no way will you take a damaged car for a new car price.