Lagos based lawyer, Mr. Wale Ogunade, has written to the Managing Director of Hyundai Motors Nigeria Limited demanding the payment of a total sum of N165million covering purchase price and general damages for allegedly selling a defective automobile which has not performed the purpose for which it was purchased.
In a letter dated September 19, 2017 which was written on behalf of Mr. Ayo Oluwatosin and Starcoms Media Services Limited, stated that the duo purchased a Hyundai Grand Santa Fe luxury GLS3.3l, along with four (4) other units of vehicles from the Ikeja outlet of Hyundai, in which the said vehicle was delivered on the 6th day of October, 2016.
The lawyer further stated that he was informed that upon delivery of the said vehicle with Reg No: LND 996 EH, it was put to use between 21st – 26thday of October, 2016, wherein it was discovered that it had a brake problem which was indicated on its dashboard.
“Our client further informed us that it immediately drew the attention of your company to the brake problem of the said vehicle of which it was taken to your company’s service centre for repairs on the 27th day of October, 2016.
“Subsequently, the said vehicle was yet again taken twice by your company for repairs for the same issue and when returned back to our client, the situation did not abate.
“Our client further informed us that after a long back and forth, a meeting was held with some representatives of your company on July 18, 2017, wherein our client expressly informed your representatives that the only solution to the issue is a refund of the amount paid for the said vehicle, plus interest and that your company take back the said vehicle as stated in paragraph 3 of our client’s letter to your company dated the 26th day of July, 2017.
“Our client further informed us that, a representative of your company in the person of
Mr. Fatai Olatunji Ibrahim visited our client at its office to pick up the said vehicle and were later informed that the purchase price would be refunded after the sale of the said vehicle.
“Our client has explicitly made it clear to us that it will not be party to any deal that will further endanger the lives of fellow Nigerians and so, appalled by the fact that your company insists on reselling the said vehicle to a third party, before refunding our client’s money, which is contrary to the agreement reached during the meeting held on the 18th day of July, 2017 with representatives of both your company and our client in attendance”, the letter read in part.
“We view this overall conduct of yours as not only a breach of contract, by selling a product that is not fit for purpose, but also an attempt to involve our client in an unwholesome act, which is fraudulent”, Ogunade stated.
The legal practitioner therefore requests Hyundai Motors to pay the sum of ₦15.6million only being the purchase price of the vehicle; the sum of N50million only for breach of contract for the said vehicle not being fit for purpose and another sum of ₦100million only for general damages, for the inability to put the car to use for which it was purchased.
Following refusal of Hyundai Motors to accept responsibility, Starcom Media opted for legal action. In suit LSW/11-16/130/W1 filed before Lagos Multi-Door Courthouse, the company prayed for a total refund of the purchase money.
Hyundai Motors, however denied culpability having according to it conducted extensive pre-delivery on every component parts of the vehicle and that all were found to be in perfect condition before handing the said vehicle over to the customer