[jkrishnakj]

Good one. Even I went through the posts to see if there were any updates at all from the OP.

Hopefully, we all get to hear an update soon. Till then, I guess every possible solution and option has been done by so many here already.

[thehighwayman]

As one of the members pointed out, had this happened in US, Kia probably would have bent over backwards because they know they don't command the same premium owing to more established manufacturers there.

In India however both Hyundai and Kia think themselves as 'premium' brands and the customer is obliged to accept whatever terms and conditions they set forth.

[saion666]

Like most pointed out these things may happen in 1 in 1000 times, but reading through the post and how KIA responded will irk anyone.
With the number of complaints going up against KIA in the forum, i believe they really need to sort their customer services woes quick if they want to have a long run here. Having good looking cars will just help them tide such mishaps in the short run.

[pta320]

Like most have pointed out, don't take delivery of the car. No one would want to take delivery of a damaged car. If you are paying for a new car, you should get a new car, as simple as that. It's not your problem whether the car is registered or not. It's not your problem that dealer has spend money on repairs. The fact itself that a brand new car has replaced parts, repainting done etc. outside the factory is a good enough justification to reject the delivery. And I am surprised, how did the dealer register the car on your name without PDI? Once the PDI is complete only then the application for registration is processed.

An option is for heavy compensation which is a personal preference. For me, I would not settle for compensation and would rather pay full amount and get a brand new scratch less car.

Reach out to consumer court. I hope such scam car dealers get fined heavily for harassing customers.

[mazahirp]

Please take legal route and ask for compensation or new car. All the best!

[kamilharis]

The answer is simple:

You paid for a new car, you should be driving a new car off the dealership. Period.

The next option is that, if the OP is willing, the car can be accepted with a compensation of a lakh or two rupees.

[nathanjdias]

I came here prepared to tell OP to negotiate some middle ground and accept the vehicle but after looking at the extent of the damage (on a brand new vehicle) I wouldn't accept the vehicle.

As mentioned earlier, if entire panels were replaced, that along with some sort of compensation would make it somewhat acceptable but this denting painting business on a new car is not something I can stomach.

[clevermax]

Originally Posted by thehighwayman

... and the customer is obliged to accept whatever terms and conditions they set forth.

When I bought a Hyundai, I did not pay up in full until the car was almost delivered. The dealership wanted full payment upfront, without even furnishing the VIN number or the shipment status of the car. I made the partial payment which was less than 50% of the total cost and then waited. Told the bank not to disburse the remaining loan amount without my signature. The probability of something bad happening to the car became very less by that time because the car was already waiting for me at the dealership. I had verified the car's condition the previous day anyway. Forget about auspicious days to touch the car, enter the car for the first time, start the engine, and so on. I had visited my would-be car at least 3 times before taking the delivery - first at the yard when it was offloaded from a truck, then once again at the yard a few days later, and then once more after the temporary registration was over.

With the heavy demand for cars like Creta, customers aren't treated well. The dealership's attitude changed a lot. You can't dictate any payment arrangements to the dealers - they will refuse and move on to the next customer waiting in the line.

[UmangThaker79]

I want to update all forum members that I am yet to get a call from the OEM. The dealership has realized the power of collective opinion -has shown willingness for a compromise.

The callous attitude from Kia Motors continues.
The indifference of Kia is evident as I get a call from Kia Customer service to give them a feedback on my delivery experience? This is second such call. Can you believe it ? When I probed the executive it turned out to be a call center. He was working from home and could not even escalate the call...
I think that customer care is completely outsourced activity at Kia Motors India. A Linked-in post tagging all senior executives has also been ignored.

Do share suggestions on what should be a meaningful compensation amount - I am thinking a) 10% or b) 20% for the ordeal and mental torture?
Suggestions welcome.
Thank you all for the overwhelming response. The battle is not over yet ...Will surely keep you all posted.

[udayjani]

Originally Posted by Mr.Boss

Dealership could have completely hidden this incident and pushed the delivery by a day or two blaming the RTO and other paper work or missing keys or what ever it is. Instead they took the right channel to inform the customer about the mishap - I appreciate (hope everyone will do)

From customer's perspective paying for a brand new vehicle and getting a repaired one for no mistake of ours will be painful, but the event here is 'accident' and that's bound to happen. Even after all the sentimental feelings it's a piece of metal & material. Once the vehicle is registered, it belongs to customer though the actual delivery happens later. Asking for a new vehicle post registration (especially for this minor damages) will not workout.

Spoiling the relationship with the dealer is not worth for this damage IMO, you are supposed to visit then at least twice in a year for scheduled maintenance and repairs, only the relationship could help you during future warranty claims and other repair jobs.

Though there is no guarantee that you may or may not face similar situation with the same or different dealership during warranty claims, but the probability of making the situation worse is higher when the relationship is spoilt.

Settle for a ample compromise / compensation and move on.

Make sure the accident repair is registered somewhere with their liability to get the consequential failures in future.

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.

Would car dealer accept any kind of compromise or settlement just because the Dealer has to service the car in future. Your reasoning that customer has to take the car to the same dealer for servicing is pretty vague and doesn’t stand any ground. 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.

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?

Let me share one such example which happened with me when I went to take delivery of my Ford ES. Before the delivery, I shot an email to Ford India MD and William Ford Jr in USA. I got a call from Ford India Operations assuring all the issues will be sorted out before the delivery. I didn’t fear about giving my car to same dealer for service since there are 3 others dealers who can service my car and Mumbai being big city, I’m sure Kia will have many service centre hence the argument of future service getting impacted is quite vague and illogical.

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.

https://www.team-bhp.com/forum/india...fMza4_EdPqjwHw (Maruti dealer fined Rs. 1 lakh for disconnecting odometer of new car)

In my opinion, nobody should compromise in situations like these when lots of emotions is attached to the buyer. At the same time, one must think would the car dealer agree for a compromise or out of court settlement fearing he may lose a potential customer.

[UmangThaker79]

The pictures are before the refurbishment. Body parts cannot be replaced as they are welded together. All they have done is polishing. 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.

Also on responding to the comments - I have been busy trying to bring to Kia Motors notice that they should intervene and not let the customer fend it off with the dealership.

I have posted an update that the battle is still on ..
Thanks for the interest and the post.. Will keep you all posted on developments

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 ...

quite a shame ..
The battle is on ..

thanks Pranil, The crash was'nt due to the construction activity - as evident via a video grab of the cctv camera. Even if unintentional - it is the dealership's responsibility .. Hence I am awaiting a decent compensation

[Kln]

Originally Posted by UmangThaker79

Do share suggestions on what should be a meaningful compensation amount - I am thinking a) 10% or b) 20% for the ordeal and mental torture?
Suggestions welcome.

Ideally, you shouldn't compromise at all. But if

a) they repair the car in an "as new" condition,

b) give assurance to cover any cost of repair in the future as a result of the paint job on the damaged bit (faulty repair) and

c) live up to their word about ceramic coating etc., you could consider it. By 20%, if you mean cash reimbursement of the car's cost, then 20-25% would be least I would settle for.


You could also consider getting complementary extended warranty for your car from the dealer as well. It makes more sense - since they damaged your car, you don't know what else is damaged inside and when will the issue pop up in future. All the best. Do try tagging automobile social media influencers as well. I doubt they have the integrity to call out Kia/Hyundai publicly, considering they routinely get invited to media drives for free, but it is worth a shot.

[udayjani]

Originally Posted by UmangThaker79

Do share suggestions on what should be a meaningful compensation amount - I am thinking a) 10% or b) 20% for the ordeal and mental torture?
Suggestions welcome.
Thank you all for the overwhelming response. The battle is not over yet ...Will surely keep you all posted.

Umang,

Please take a look at the below incident which happened in Kerala I believe where the Maruti car dealer made to pay a fine of 1 lakh for tampering with the car odometer.

https://www.team-bhp.com/forum/india...idIUJ6pafk_3so (Maruti dealer fined Rs. 1 lakh for disconnecting odometer of new car)

Please consult a lawyer and friends to find a solution to the problem.

One such incident happened during the delivery of my Ford ES. I refused to take the delivery and directly shot an email to Ford India MD and William Ford Jr in USA. I got a call from Ford India operations that all the issues will be sorted out before handing over the car.

I believe you can escalate to KIA and let the management aware of how the dealers are operating. I understand the hassles of going into a legal case but I’d not tell you to fear the dealer just because you have to give the car for servicing to him. I’m sure Mumbai being a big city, their will be many good Kia Dealers out their.

I’m sure the dealer must have installed a CCTV outside his showroom and if you plan to take this legally, CCTV footage will be checked first and if the dealer has tampered the CCTV then the whole case will be in your favour.

Please don’t get scared when people say that you have to take the car to the dealer for servicing so don’t drag them to court and go for compromise.

Let’s say you have damaged the car dealers property, would he go for settlement with the customer instead of a FIR fearing he will lose a potential customer.

The argument put forward that you have to go for settlement fearing relationship will break is pretty Vague and Illogical.

There’s always a light at the end of the tunnel.

Hope for the best outcome!!

[ike]

It is unfortunate that this happened but there is very little that can be done post registration. Yes, the dealer could have been more courteous, but from the looks of it, there is no structural damage that affects the integrity of the vehicle. Damage is mostly to the paint.

I don't think the dealer or the OEM will agree to a new car for superficial damages that is very much repairable. However, you could negotiate and have them compensate you adequately, this could be something like an extended warranty, a reduction in price etc.

Finally, it is still a new car, not a refurbished one. I'd rather be solution oriented and see how things can be resolved amicably. Accidents and mistakes happen, if the car can be repainted to your satisfaction and the ceramic coat takes care of the damages I suggest you go for it.

[saisree]

I ran this incident to my friend, an industrialist, manufacturer of consumer goods for his opinion if he is in the OP's shoes. He too handles returns, complaints of manufacturing defects, damage in transit, mishandling by the consumer and returned as manufacturing defects and what not.

The following in his words

1. OP can accept the car if the workmanship of the dealer is acceptable along with the freebies promised.
2. Additionally, OP can ask for a compensation, which can be a free three year insurance from the dealer with all applicable addons.
3. Service coupons for wash and polish.

What if, the OP has taken the delivery and this accident happens just outside of the dealer premises. OP has to pay through his insurance. These are accidents and bound to happen. Appreciate that the dealer has been open about this and accepted to refurbish it FOC. He could have dodged or completely kept you in dark about this incident.

Accept the car, get freebies and start enjoying the car. You will forget this incident - a human tendency.