New Delhi, Delhi State Consumer Disputes Redressal Commission has upheld a district forum order, holding the manufacturer and customer care office of Hyundai Motors India responsible for any wrongful act or omission on the part of an authorized dealer .
The authorized dealer did not deliver the car after receiving the reservation amount.
The commission, comprising chairperson Justice Sangita Lal Dhingra and member JP Agarwal, was hearing an appeal against a Delhi district forum order, which, in January 2015, held that Hyundai Motors India's head office and its customer service office were not responsible for Suhrit Hyundai's failure to fulfill its commitment in Mayapuri.
However, the forum had directed the authorized dealer to refund the booking amount of Rs 3.32 lakh and pay litigation cost of Rs 10,000, the commission said.
The Delhi State Consumer Disputes Redressal Commission further noted that the consumer filed an appeal against the forum order, alleging that its instructions could not be executed as the dealer had closed the showroom and there was no current address.
The consumer appealed that Hyundai Motors India Limited, Chennai, and its customer service office at Mathura Road, Delhi, should be held liable as a result.
The commission took note of the manufacturer's claims that its liability was limited to warranty obligations and that it could be held liable for any problems with the retail sales of a vehicle.
In an order passed earlier this month, the commission said no manufacturer-distributor agreement was recorded to establish manufacturer liability.
“We note that Rs 3.32 lakh paid by the appellant (consumer) to respondent no.1 (licensed showroom) was towards the booking amount and was not transferred to respondent no.2 (head office) or respondent no.3 (customer service office). As a result, there is no knowledge of the contract and they cannot be held responsible," he said.
The commission dismissed the appeal, saying the manufacturer and its Delhi office could not be held liable for "any wrongful act or omission" on the part of the distributor.
The authorized dealer did not deliver the car after receiving the reservation amount.
The commission, comprising chairperson Justice Sangita Lal Dhingra and member JP Agarwal, was hearing an appeal against a Delhi district forum order, which, in January 2015, held that Hyundai Motors India's head office and its customer service office were not responsible for Suhrit Hyundai's failure to fulfill its commitment in Mayapuri.
However, the forum had directed the authorized dealer to refund the booking amount of Rs 3.32 lakh and pay litigation cost of Rs 10,000, the commission said.
The Delhi State Consumer Disputes Redressal Commission further noted that the consumer filed an appeal against the forum order, alleging that its instructions could not be executed as the dealer had closed the showroom and there was no current address.
The consumer appealed that Hyundai Motors India Limited, Chennai, and its customer service office at Mathura Road, Delhi, should be held liable as a result.
The commission took note of the manufacturer's claims that its liability was limited to warranty obligations and that it could be held liable for any problems with the retail sales of a vehicle.
In an order passed earlier this month, the commission said no manufacturer-distributor agreement was recorded to establish manufacturer liability.
“We note that Rs 3.32 lakh paid by the appellant (consumer) to respondent no.1 (licensed showroom) was towards the booking amount and was not transferred to respondent no.2 (head office) or respondent no.3 (customer service office). As a result, there is no knowledge of the contract and they cannot be held responsible," he said.
The commission dismissed the appeal, saying the manufacturer and its Delhi office could not be held liable for "any wrongful act or omission" on the part of the distributor.
