[@Debanshu_B]

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Originally Posted by UmangThaker79

I write to this forum with sheer anguish post the mental harassment that a mumbai based Kia dealership- "Shreenath Kia" -has put me through – pre delivery. It might be helpful to also look at how dealerships are ensuring that customers suffer. I have had a horrendous experience since the day I have booked a Kia vehicle. I dread and curse my decision to even consider Kia over a certainly more prom
Umang Thaker – an unfortunate KIA customer.

Was it damaged during transit from the factory or after registration is not clear. The PDI report should be understood. As a customer, there has to be an option to reject the car from taking delivery. If it is damage done at the dealer end then he should either get the car replaced or pay a big discount if agreed by the customer.

[AtheK]

Such an unfortunate event, I can really imagine your plight right now. Wish there was an easy way out for such scenario. We pay so many taxes to government, we pay toll tax, we pay for parking as a responsible citizen. The least government can do is come up with a lemon law or a law covering such unfortunate events, so we can have an easy legal recourse.

If i was you I would also not take the delivery, will fight it out, the dealer on his end should let go off the entire margin he has on this car and repaint the car, and KIA on it's side should offer you extended warranty for free of cost. This is the only logical way I would have ended this, or else as GTO said fight it out. Social media is strong, try to get it printed in newspaper too, that will also help.

Really hope you get this resolved as per your satisfaction. Best of luck mate.

[@og_adi]

First of all, I would very much like to disagree with all those BHPians suggesting you to get compensated for the damage on your new vehicle. It is wrong to ask a customer to take a damaged car for a reduced amount even when he/she's ready to pay the whole amount. Few months ago, we had a similar incident with Tata and here's how our experience with the dealership went-

1) We booked our car on 15th Feb 2021 and were called by the dealership on 20th April to conduct our PDI on the Safari.

2) This particular dealership had this policy of collecting the whole amount as soon as the vehicle is assigned by Tata. Following their SOPs, we paid the whole amount even before looking at the car.

3) On the day of PDI, my whole family was very excited to see the vehicle in person for the first time and to our disappointment, we found around 17 scratches/damages. Thanks to the dealership's PDI, most damages not visible to a newbie were visible as they were marked by them using a marker. Attaching few pictures of the scratches/damages-








(Many more)

4) With no further thoughts, we proceeded to call the sales person and ask him how to go about the cancellation. To this, he said he was ready to assign another vehicle to us within a span of few days. There was zero assurance as to when the vehicle would reach them but since we decided to cooperate with them, they arranged another vehicle within 4-5 days (april manufactured). This did take us by a surprise as we weren't really expecting another vehicle.

5)After the PDI, this vehicle was much better than the vehicle they had originally showed us, with 4-5 minor damages that really weren't visible to one even with keen inspection. Overjoyed, we decided to take the vehicle and the dealership delivered it a week after the PDI, a few hours before the lockdown was set to begin.

Summing it up, there are two things I want to say-

1) Don't waste your money on a product that has already been damaged. Be it accidently or intenionally, the damage was on their side and hence they are responsible for the condition of the vehicle. I know it is the last thing you want to hear after waiting for 6+ months, but cancel the vehicle if they aren't ready to deliver another vehicle. You have so many newer automobiles in that segment to choose from now.

2) After a disappointing dealership experience from Tata's end (regarding other matters), the mere fact that they were ready to do what we wanted is appreciable.

[mac187]

What would have been a happy memory of a lifetime to you and your family has been ruined due this incident and subsequent behavior of the dealership. This is just poor customer service from dealer and KIA. Other Bhp'ians have expressed their views, my argument is based on the premise that during a vehicle purchase dealer provides few important documents viz.

1. Invoice
2. RTO and Insurance documents
3. Delivery note
4. Gate pass

The last two document are meant to confirm that the vehicle has been handed over to the customer and customer can take the vehicle out of the dealer premises. Both of these documents need to be signed by you and a copy is retained by the dealer.

As you have not signed any such document, its proof that you have not taken the ownership of the vehicle. That is all the basis you need to deny accepting a repaired vehicle when you have paid for a new one.

Alternatively (only if you are ok with this option) you can propose that they provide either a cash discount or extended warranty to compensate for the damage they have caused. The value of this car has reduced due to its issues and you can be open to taking it at its revised price point. Just like buying a demo/ previous gen/ old stock vehicle. What is the revised price point is between the dealer and you. If dealer feels you are low balling, they can go ahead and sell the car to scores of people waiting to get their hands one as a second hand car with zero kms on odo. And either cancel your booking and return your money or provide you with a new car.

I would suggest that you try the above options first before taking the legal route as the above option will help both the parties put this issue to rest sooner than later.

[ramgkulkarni]

With all due respect, I disagree with most Bhpians here.

1. OP paid for a brand new car. He absolutely deserves it.
2. If a dealer messed up, it’s his responsibility not OPs.
3. If this would have happened anywhere else in the world, that’s the end of discussion.
4. OP - if you are not getting a resolution to your satisfaction or liking, don’t take delivery and take the legal route
5. Get your evidences in order and timeline it ASAP. Get any corroborating email from dealer to make your case water tight!
6. Going against the dealer might alienate the OEM or go completely opposite, but you need to take these guys to court

KIA needs to acknowledge the issue and get involved to put confidence in the customer base. This is absolutely unacceptable.

OP - sorry for your troubles mate, we recently had an issue with our Rapid and I understand how you feel.

[PraNeel]

From the pic where the shattered glass can be seen, one can see that construction was going on. Why the vehicle was parked in close proximity to construction site? I am 100% sure this was an accident where someone nudged the uninstalled glass door or it slipped during pcikup and landed on the Seltos parked nearby.
It's almost a month and no resolution has been provided by the dealer. Please don't accept this vehicle and immediately serve them a legal notice and also lodge a complaint with bank for fraud so that you can get some relief from EMI - interest and deferred EMI payment.
Please take media people with you to their showroom and post the episode on YouTube. You can find many such instances on YouTube and believe me they will run behind you for resolution.
Also complain at every possible level and if things are not moving file a case.
DONOT succumb to their pressure.

[am1m]

I can't believe anyone would side with the dealer here over the customer! The pics clearly show the damage and that it occurred on the dealership premises. Certainly the damage happened unintentionally, but the responsibility (not blame) lies squarely with the dealer. They need to heavily discount the vehicle purchase or compensate the client for the damage fairly. Isn't that what they have insurance for?!

Very shady dealership, wish more manufacturers would do a better job demanding better customer treatment from their dealers. After all, the manufacturer's brand gets dragged in the mud too for the dealership's mistakes.

[JoshMachine]

Am late to the suggestion party, but the advice remains the same. Please do not give up and accept the car in its present state. The dealer can always get another registered in your name, with some manageable timelines.

The legal route is anyway the last option, hope you don't come to that. Try & get the dealer to accept by calling upon your family friend, colleague, relative - anyone who can do the hard negotiation talking.

At the same time, be clear in terms of what sounds reasonable to you if you want to accept the present car - be it the immediate monetary compensation they are offering you (like insurance) or the waiver in some future servicing or even the warranty coverage.

[anjan_c2007]

In your post #1 this email with the pictures showing damages are evidences along with the bill/s of payment/invoice. The talks in person and on phone will not stand scrutiny in a court of law unless full recorded versions are made available. Screenshots of call records are also important and need to be preserved. Please also take printouts of these documents incl call record screen shots, Whats App messages if any.

Please serve a notice through a consumer court lawyer seeking compensation of the full price paid plus interest @12% till the date of repayment. And also a compensation of Rs 5 lakhs for mental torture, agony and inconvenience caused due to non delivery of a booked SUV in time. The case if filed for non compliance of the lawyer's notice, will drag for at least three years and patience will be required.

The perfect evidence :-

14. E-mail from Derrick Goveas on 30-07-21
Derrick Goveas, Shreenath Kia - "Due to unforeseen circumstances, there was a heavy downpour of rain with heavy winds. The showroom glass door shattered and splinters of the glass happened to fall on your car, which left scratches of glass on your car. All small scratches have been removed post polishing."

For the first time the Shreenath representative acknowledged that there was damage to the vehicle. Puts the onus back on the client – "take the vehicle or we will not be responsible for the delay."

[Slick]

Originally Posted by UmangThaker79

13. 2nd in person Meeting on 29-07-21
Derrick Goveas, Shreenath Kia says, "We wanted to offer you compensation but as you know margins per vehicle are very low, we cannot offer anything. Please look at the refurbished car. We have already spent enough money. As a goodwill gesture, we will give you a free ceramic coating." They called me to discuss the compensation and under that guise, simply pushing an old agenda, "See the car. You will not even come to know that there was any accident."

Sorry for your situation Umang,
I didn't understand what the dealer is offering here ?
What do they mean by Refurbished ? Have they repainted/Replaced the panels ? Or simply polished the car ?

The pictures that you have shared, are they Before/After their refurbishing pictures or only before ? If so, does the car show the damage post their refurbishing ?

Either way it is for the dealer to replace the parts and provide a vehicle in new condition. It is up to Kia to make sure the dealer does it as inadvertently it affects Kia's reputation.

We have dealers on Team bhp and they can enlighten about the kind of insurance the dealers have for such incidents.

Stay Strong don't give up unless you get value for what you paid.

- Slick

[jkrishnakj]

Umang -
A happy moment gone wrong. Sorry to hear.

At this stage, it is key to document and arrive at a ‘Closure’. Your closure is a new car and for the dealer, it’s a Ceramic coating.

Before you embark on anything legal, please do try to document what could the acceptable ‘Closure’ be. (Eg: ceramic coating at a 3M Center of your choice + free service for x years + free accessories+ ..+ ..). See what the dealer can do from their current position.

If both parties decide not to budge from the original position, then, legal recourse is the option left.

[Varun_G]

I would blame the dealership 100% for this scenario. I can accept the fact that mishaps happen but the sheer apathy shown by the Kia dealership is not acceptable! How on Earth a ceramic coating is supposed to make up for all the horrors and multiple complaints you had to put through?

My car had got registered on April 26, 2021 and Bangalore went under lockdown from that evening barring me from collecting my car. The car was kept in the showroom for exactly 8 weeks post registration but there wasn't a single scratch or a speck of dirt during delivery. The same is expected from any car dealership before delivering the car to the customer. I understand that once the car is registered, it cannot be changed to other owner but in this case the dealership should make necessary amendments to make sure the customer receives an accident free car as it's not just tin and metal but a lot of emotions are attached with the delivery of a new car.

I would suggest to fight it through consumer forum and also reach out to Kia corporate office to find the desired solution. It's not going to be easy but it's definitely worth the fight!

[viren83]

Originally Posted by UmangThaker79

OEM which clearly sides with the dealership since it has received the full money. I am already paying the EMI and have paid upfront.

Umang, I do not agree with those who say that accidents happen or it was not intentional from the dealer. Since you've started paying the EMI of the car, I doubt if they can change the vehicle at this stage, but I can assure you that if you keep fighting for your money, they'll either change the car by absorbing the loss or provide you a better compensation for taking up the same car with not so good memories.

Car is not an over the counter commodity and a lot of emotion goes while buying one. You're 100% right with being compensated for damages done at the dealership premise. You'll just need to give-in your precious time to get what you're looking for.

My advise, do claim for the EMI also which you've paid. If the dealer and KIA do not agree, get a good lawyer fast.

Seek advice from Mods on legal stuff, I'm very sure your new car memory is going to be pleasant. Be brave mate.

[MartinVirage]

Hello! Very Sorry to hear this, it is a pain to receive a car in this state. No you should not accept a damaged car. Even if it is painted, a person having some knowledge about the car will know, that the car has been repainted - hence, even more depreciation.

Do not accept the car, try to spread this on social media. Even though it is directly not KIA's fault, a dealership is the face of Kia. So yes, it is their fault.

A similar scenario happened with my friend for his Baleno RS. You need to fight it out. He got a replacement - the cheeky Nexa dealer sold him a car damaged in transit. Detailers use a paintmeter and you can easily figure out where the car is painted.

All in all, fight. To my knowledge they will have to give a replacement - donot sign the delivery form. Donot accept any documents of the car. Try to reach Kia India. Maruti did give a replacement car even after registration - but you need to fight. Keep all the evidence handy. Best of Luck

[Mohan Mathew A]

Don't take the car unless you are happy with the compensation.
Let me narrate my personal experience.
This was back in 2005. I bought a brand new Swift Zxi (my first car). Part of the deal was that they would do a teflon coating which the dealership couldn't do on the day of the delivery. As I needed the car it was agreed that I will give it in a couple of days and they will do it. As per that I handed the car over in 2 days and when I came to collect in the evening instead of teflon coat they repainted the whole roof. On top of it the paint was not fully dry and there were a few fingerprints on it. God knows what happened but It was some internal confusion. I flatly refused to take the car back. They tried everything from emotional blackmail to mild forms of threat and there was no social media and i was new in a completely alien city. I didn't yield. After a few days and a lot of back and forth I got a new car. Mind you the car was insured and delivered. It was on temporary registration though. So my advise is stand your ground