Bangalore District Commission Imposes Costs Of Rs.40,000 For Filing False Complaint Against Hyundai Motors

The District Consumer Disputes Redressal Commission, Bangalore bench comprising K. Anita, President and Suma Anil Kumar, Member have imposed costs of Rs. 40,000 on the complainant seeking repair / replacement of his damaged car free of cost from Hyundai Motors despite having sold the car to a third party. The bench observed that the complaint was filed in bad faith with suppression of material facts. Brief facts: The complainant purchased a Hyundai car from KUN Hyundai, Chennai on 20.05.2019 by paying a sale consideration of Rs. 5,22,595/-. On 11.04.2024, the complainant purchased an extended warranty for his car from Hyundai Motors, Tamil Nadu ('Hyundai') by paying an amount of Rs. 14,866/- which ensured that the warranty will apply for all mechanical defects and repairs. On 25.10.2024, the complainant experienced an unexpected brake failure and the vehicle also caught fire. The vehicle was then taken for repair to Advaith Motors, Bengaluru, which assessed the cost of repair as Rs. 6.7 lakhs. Further, an examination of the vehicle was conducted by an insurance agency, M/s Zurich Kotak which concluded that the incident happened due to mechanical failure as the vehicle had inherent defects and is covered by the warranty. Several communications and follow-ups were sent by the complainant to Hyundai highlighting deficiency in service and warranty obligations. On not receiving any satisfactory response, the complainant approached the district commission, Bengaluru praying for appropriate compensation. Observations of the commission: The bench observed that the complainant had already availed the benefit of insurance of Rs. 3,00,000 in respect of the vehicle. The bench also examined the documents on record which included an agreement for sale of the damaged vehicle dated 06.01.2025. It was observed that the complainant had already sold the car to another party- Trigent Corporate and received a sum of Rs. 88,000/-. It was further observed that when the complainant has got an insurance amount of Rs.3 lakhs and the car has been sold by him, he has no rights over it. After going through the contents of the complaint and the arguments raised by the advocate for the complainant, the bench also observed that there was suppression of material facts like insurance payment, sale agreement of damaged vehicle, etc by the complainant. The bench further observed that though complainant is a lay person, his advocate could have advised him with the best of his knowledge for filing a complaint. It was held that the complainant approached the consumer commission with unclean hands and made claim against Hyundai to unjustly enrich himself. It was further held that the complaint was filed in bad faith despite not having ownership of the vehicle. Thus, the prayer of the complainant to replace the damaged vehicle with new one or repair it free of cost by extending the benefits of the warranty scheme was denied. Hence, a cost of Rs. 40,000 was imposed by the bench and the complaint was dismissed. Case Title: Mohan Hegde vs Hyundai Motors India Limited Case Number: Complaint No. 125/2025 Date of Decision: 27.05.2025Click Here To Read/Download The Order

Bangalore District Commission Imposes Costs Of Rs.40,000 For Filing False Complaint Against Hyundai Motors

Aakanksha Bajoria

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