[UmangThaker79]

what in your mind would qualify as an 'ample' compromise?

[Mr.Boss]

Originally Posted by udayjani

Mr. Boss aka distinguished BHPian, I failed to understand why should any customer compromise and settle for something inspite of knowing that it’s not customers mistake in cases like this.

You have the answer Underlined for your question in Bold

Originally Posted by udayjani

As a customer, I can take my car to service to any service centre for servicing after I come to know the unfair practices opted by the dealer from where the car was purchased.

Nobody is stopping you, you are free to choose. Remember, the probability of everything going right is 50:50 only. Nobody is sure when the other 50 will visit.

Originally Posted by udayjani

Please put yourself into the shoes of the person who had undergone all this ordeal before the delivery of the car. Would you still go for settlement or drag the car dealer and the manufacturer to court?

I will go for settlement for this minor damage After all my peace of mind is my priority than a minor damaged piece of metal, which the dealer agreed to correct to the level an uniformed person couldn't distinguish (if that promise was honored). Period

Originally Posted by udayjani

Last but not the least, I’d like draw your attention to the below incident. Maruti car dealer was dragged to court for tampering with car Odometer and court announced the car dealer a fine of 1 lakh.

Thanks, this is no news to me. Please do google for the list of unsettled cases against dealerships and manufacturers and few cases where the judgement was given after a decade. If OP has similar patience, all the best.

[RJK]

Originally Posted by UmangThaker79

Dealership is also extremely clandestine - has not shared the Job Card or proof of work done - cause that by itself becomes an acknowledgment of damage at their end.

thanks . I have been insisting on a discount and the ceramic coating that they were offering. But the dealership employees are really thick skinned and want to brush it off as if it is a non event. The forum has been really helpful.

What is really surprising is the attitude of Kia Motor India - multiple complaints and no customer service or PR or marketing person has bothered to reach out

Happy for you as there's some headway in your favour, Umang. I must say that dealer's & KIA's thick skinned behaviour is not at all surprising to me. As I said before, when they look at larger sales volume, 1-2 instances of wrong/damaged delivery makes no difference to them. Unfortunately, if we have happen to be those 1-2 instances, it makes all the difference for us. Knowing this atrocious behaviour of KIA and its associates, I hope you will think twice before buying another or recommending a KIA product to your friends and family. This kind of callous & casual attitude really gets my goat.

Originally Posted by Mr.Boss

I will go for settlement for this minor damage After all my peace of mind is my priority than a minor damaged piece of metal, which the dealer agreed to correct to the level an uniformed person couldn't distinguish (if that promise was honored). Period

Little compassion and empathy goes a long way, my friend. I hope you don't have to face Umang's situation but if you do, it'll be interesting to see your reaction is as objective as you preach

[sramanat]

Very sorry to hear this.

It is unfortunate that a customer (C) should get involved in what is clearly a B2B matter. The dealer obviously must have some kind of insurance on the building and the inventory - what would happen if their mechanic/sales guys dent the car when moving around? There must be an insurance to cover these. Their unwillingness to file paper work with that insurer and have the cash flow impacted in the short term is now on your head.
Be very clear on what you want - even a whiff of willingness on your part to take this car in exchange for financial compensation will be enough. They will come up with an attractive offer which will be worse for you.

I suspect KIA will do anything about this now. They are enjoying massive sales and can actually afford to piss off a few customers. I am not sure how much of energy/resources you have to take this up in courts. I am sure the judgement will eventually be in your favor, but that will take time. I know a friend who has been trying to get a judgement (apartment association dispute) for 2+ years - the arbitrator went on leave, courts closed down for covid etc. So it would help if you huddle with your trusted friends and come up with a plan B - i.e., what sort of discount/compensation you should push for if nothing helps and you end up taking delivery of this car.

[Djay]

I think adequate compensation is the best way to close this now. But it’s sad to see absolute silence on Kia’s part. They still have a lot to learn about customer service and dealership management. I have got people from all over Maruti management call me for much smaller issues also. Maruti keeps such a tight check on the dealers that they actually are afraid about anything being reported against them. Kia seems to have a long way to go.

I was considering a Sonet in the future, but repeated bad experiences with Kia on this forum makes me give it a second thought. Personally I wouldn’t go near buying a new Kia until they get their stuff sorted.

[dhruvtanwar]

If my school days serve me right, and lawyer members would be able to provide more accurate information, but there's a Bailee / Bailiff kind of position legally that squarely puts the law on your side if you wish to sue (IMHO you should). A repainted / refurbished new car is not a new car at all. If you want a middle path, let the dealer compensate you for the real world loss you suffer (if you get Cars 24 or OLX Auto to evaluate the car while it's still at the showroom, see what value they offer for a repainted car with zero km on the odometer and tell the dealer to refund the difference between that and what you paid).
Would have expected better responses from Kia Corporate towards you, but it's a sad and unfortunate world we live in as far as automobile dealers and companies go.

[maxratul]

This is a terrible experience. My sympathies are with you.

However, I doubt Kia will do anything beyond tokenism. They are selling these cars in thousands- they have correctly understood that the Indian consumer by and large follow herd mentality and will be unfazed by any bad publicity that might arise out of your experience.

Kia had a car break into two, their sibling is selling a car with brake issues for years (just search the forum) without any acknowledgement- this is nothing for them.

There are 3 paths in front of you:

1. Full legal fight, with associated costs and delays and uncertainties. This is the most ethical and justified course of action. In a well functioning justice system this would have been the automatic choice, but you know the drill here :(

2. If you know any big shot celebrity (like properly big shot, small timers won't do) your can create a social media stir and negotiate. This is the most impractical course of action.

3. Negotiate hard with dealer for discounts etc. See if you can sell the car back to them/others at zero cost to yourself. That way you can start afresh and look for a new car- this one you won't enjoy driving at all anyways. Absorb the time and heartache as learning and buy a better ride for yourself.

[saisree]

I wanted to understand what is the role of KIA we are expecting here? The incident negotiation and discussion should be between the dealer and the OP. If the issue is with the manufacturing of the vehicle, KIA can be summoned. I haven't heard/seen the manufacturer being called for an accident. Is there any such instance?

[drjaygoyal]

Originally Posted by 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.

I agree 100%

Lots of complaints from KIA off late and it is very disconcerting.

I have permanent dropped the idea of buying a Seltos. (My wife loves the car)

You must fight tooth and nail and go the legal route if required.

It is absolutely not your fault and please settle for nothing less that a new car or a hefty discount.

Also please ensure the repairs are not added to your existing insurance if you are taking a repaired car.

Whatever help you need we will help you 100%.

High time KIA realised they can’t take hard working, paying customers lightly.

You must use social media also. I will make sure me and my friends repost it on our pages.

[pawank]

Approach consumer forum on this portal https://www.consumerhelpline.gov.in/ .
They will hear your case, I am 100% sure that KIA will give you a brand new car and they will be forced to pay fines too by the Consumer forum. If you want to teach them a lesson then please approach the Consumer forum.

[Moto_Bear]

Originally Posted by dhruvtanwar

If my school days serve me right, and lawyer members would be able to provide more accurate information, but there's a Bailee / Bailiff kind of position legally that squarely puts the law on your side if you wish to sue (IMHO you should).

Putting my legal knowledge to use, in this case, the Bailor/Bailee as enshrined in the Contract Act does apply simply because the transaction, even though being governed by a different statute, still has to abide by the general rules of passing of risk as per the Sales of Goods act, 1930. It simply states that in case the seller has possession, even though the ownership in goods has passed to the buyer, the seller is to be responsible and maintain the goods as a bailee with due care and diligence.

According to section 14-18 of the Act, there's a condition as to the general fitness of the goods and that it should not suffer from defects, the good being sold should match the description, which in this case would be a brand new car. Sadly as per the OP, the payments have been made with the car being registered in the owner's name. There's a very essential doctrine that we read called the Doctrine of Caveat Emptor simply stating that "let the buyer shall beware." Simply it means that if the buyer had the chance to examine the goods and then some defect is found, the seller shall not be liable.

However, in your case, I believe that you didn't have any chance to examine the vehicle, nor any opportunity was granted to you before the accident took place. So legally, there's a viable option to proceed but as my fellow members suggested, Legal option is there if you have the patience and means to tread down that path.(You should) If you can have a legal recourse, take it and be patient. Otherwise, the best way forward would be to involve higher ups at Kia before you enter into any settlement with the dealership.

[ChevyTeddy]

Reach out to the complaints desk at the PMO if this is still not resolved. https://www.pmindia.gov.in/en/status...ic-grievances/

My mother had to resort to this a few times - in each of these cases, the concerned e-commerce company she had bought from had sent her defective pieces and then refused to honor their refund/replacement guarantees. Some had even stopped answering calls. But in nearly every case, there was an immediate response within 24 to 48 hours of posting the complaint to the PMO, followed by the necessary solutions and then finally a follow-up from the PMO's concerned dept seeking confirmation of resolution. The e-com companies really had the fear of God (or at least of govt attention) put into them.

[KDEscobar]

Brother,

I understand your feelings. What you can do is, file a consumer complaint against the dealer in your areas consumer fora. It might seem like an exercise but it is really simple. The court gives you protection against such activities. You will get all that you desire from the court. It does not matter if the vehicle is registered or not. It has been damaged and that too before delivery at the end of the dealer. Imagine if the vehicle had been damaged due a whole wall collapsing on it, would you have taken the delivery? No. The accident took place at a dealer's premises and due to his carelessness. You are not at fault and well within the rights. As a lawyer I have had vehicles replaced in Chandigarh. Courts are really pro consumer. So, be bold and be ready for a fight. Drag the dealer to court. You will most definitely have your solution soon.

Regards.

[Steer-safe]

I completely agree with GTO, they should use it as demo or sell as second hand. Please don't accept the delivery. I understand it must be causing lot of mental stress but don't give up. It's your hard earned money . If necessary and everything fails reach to customer courts. I feel really sorry and scared to see such unprofessional behaviour . Couple of days back news of Maruti dealer driving with ODO disconnected and now this. Wish you strength and luck .

[pradeepkc]

Originally Posted by UmangThaker79

what in your mind would qualify as an 'ample' compromise?

It honestly depends on how you feel at the end of the day. For some folks, it may be nothing short of getting a new vehicle. For others, it may be about getting it back repaired because they don't want the stress. For some of us, it's not a one way street. For me it's about the attitude of the dealer. If I feel the dealer is doing everything they can and some more, even at the cost of losing profit to make it right, I am okay with that. If I feel they are trying to short change me, I will do what I can to make sure the business doesn't treat customers that way in future. Going by your account of what has happened, they don't seem to be interested in doing right by you. Like GTO said, fight it! Ask for a new car. If you have relatives or friends who are good at it, please take their help. Hopefully they will budge and come to the negotiating table.