Haryana

Sonipat

211/2014

SURINDER KUMAR S/O BIHARI LAL - Complainant(s)

Versus

1. ASHEEM AUTO PVT. LTD.,2. ASHEEM AUTO PVT. LTD.,3. RENAULT INDIA PVT. LTD. - Opp.Party(s)

RAKESH SINGH SAROHA

31 Jul 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

SONEPAT.

               

                                Complaint No.211 of 2014.

                                Instituted on:26.8.2014.

                                Date of order:07.08.2015

 

Surinder Kumar Jhamb son of Bihari Lal Lal Jhamb r/o H.No.170R Model Town near Arya Samaj Mandir Sonepat        ...Complainant.

                           Versus

1.M/s Asheem Auto Pvt. Ltd. Kabirpur Byepass near Sai Mandir, Sonepat through its Manager.

2.M/s Asheem Auto Pvt. Ltd., 118/7, Main GT road, Karnal through its Director.

3.Renault India Pvt. Ltd. A SV Ramana Towers 37-38, 4^th Floor, Venkatanaravana road, Chennai.

                                           ...Respondents.

COMPLAINT UNDER SECTION 12 OF

THE CONSUMER PROTECTION ACT,1986

Argued by: Shri RS Saroha Adv. for complainant.

           Shri Ashish Chahal Adv. for respondents.

BEFORE-    NAGENDER SINGH………………………………………………PRESIDENT.

     SMT.PRABHA WATI……………………………………………MEMBER.

          D.V.RATHI……………………………………………………………MEMBER.

O R D E R

            The complainant has filed the present complaint against the respondents therein that the complainant has purchased a Duster RXL  on 20.11.2013 from the respondents through exchange bonus scheme and according to the said scheme, the respondents have given written assurance to the complainant that he was eligible to get the exchange amount of Rs.30,000/- after fulfillment of conditions of exchange bonus scheme.  The complainant had completed all the formalities and submitted all the documents, but the respondents failed to refund the amount of Rs.30,000/- to the complainant. So, he has come to this Forum and has filed the present complaint.

2.        In reply, the respondents have submitted that the complainant did not submit all the necessary documents required by the respondents on exchange bonus scheme as the complainant has to transfer the RC of the old Car make Ford within 60 days from 20.11.2013 to 19.1.2014 whereas the complainant got transferred the said RC on 26.2.2014 after the expiry of the period of exchange scheme.  So, the complainant was not eligible for the said exchange bonus scheme and thus, prayed for the dismissal of the present complaint.

3.        We have heard the arguments of  ld. Counsel for both the parties at length and we have also gone through the entire relevant material available on the case file carefully & minutely.

4.        Ld. Counsel for the respondents has submitted that the complainant did not submit all the necessary documents required by the respondents on exchange bonus scheme as the complainant has to transfer the RC of the old Car make Ford within 60 days from 20.11.2013 to 19.1.2014 whereas the complainant got transferred the said RC on 26.2.2014 after the expiry of the period of exchange scheme.  So, the complainant was not eligible for the said exchange bonus scheme.

          But we find no force in the contentions raised by the ld. Counsel for the respondents because the complainant has sold his vehicle no.HR10J/2526 to Pala son of Sadhu on 25.11.2013.  The complainant has applied for the grant of No Objection Certificate to Registration Authority, Sonepat and the NOC was issued to Registration Authority Panipat vide no.1129001 dated 27.12.2013.  The Chit was also issued by the Registration Authority, Panipat regarding the vehicle no.HR10J-2526 which was valid upto 30.1.2014 and the RC of the vehicle was issued by Registration Authority, Panipat on 26.2.2014.

          In the present case, there is a dispute in between the complainant and the respondents regarding  the terms and conditions of  exchange bonus scheme.  As per condition -

1. Only if the old car is transferred upto 30 days before or upto 60 days after new car invoice confirmation date

c)only if the ownership of the old car has been with the new car buyer for a minimum of six months (180 days) at the time of new car invoice confirmation (purchase).

       The complainant has purchased the new vehicle from the respondents on 20.11.2013 and the complainant has submitted the documents with the Registration Authority Sonepat on 20.12.2013 for the issuance of NOC and the same was issued vide no.1129001 dated 27.12.2013.  As per the respondents, the RC of the vehicle was to be submitted by the complainant before 19.1.2014.  Infact the NOC was issued in the name of Pale Ram son of Sadhu Ram by the Registration Authority Sonepat.  The new owner Pale Ram son of Sadhu Ram has submitted the document in the Registration Authority Panipat before 3.1.2014 for transfer of the vehicle in his name.  Regarding this, Registration Authority Panipat was issued a letter to the Registration Authority Sonepat on dated 3.1.2014.  The said letter is Mark P and a temporary chit regarding the validity of the registration is issued by the Registration Authority Panipat and the same is valid upto 30.1.2014 and the said chit is Mark-Q.  The bare perusal of the documents of the complainant itself shows that the prime duty of the complainant is to transfer the vehicle to the new purchaser and he submitted the documents in time with the Registration Authority Sonepat and obtained the NOC and handed over the same to the new purchaser well within time.  n our view, the condition (c) of Ex.P5 prevail because the complainant has completed all the required formalities for getting the NOC etc., but the issuance of the documents was in hands of Registration Authority, Sonepat and not in the hands of the complainant.  The complainant’s duty was only to submit the documents in time with the R.A. Sonepat for doing the needful, which is did and if there is any delay on the part of the Registration Authority, the complainant cannot be made liable for the same.  Thus, it is held that the respondents have wrongly declined the exchange bonus to the tune of Rs.30,000/- to the complainant and thus, we hereby direct the respondents to make the payment of Rs.30,000/- (Rs.thirty thousands) to the complainant within a period of one month from the date of passing of this order, failing which, the above said amount shall fetch interest at the rate of 09% per annum from the date of filing of the present complaint till realization and further to compensate the complainant to the tune of Rs.2000/- (Rs.two thousands) for rendering deficient services, for harassment and under the head of litigation expenses.

          With these observations, findings and directions, the present complaint stands allowed.

          Certified copy of this order be provided to both the parties free of costs.

File be consigned to the record-room.

 

 

(Prabha Wati)        (DV Rathi)                 (Nagender Singh-President)

Member DCDRF        Member DCDRF                   DCDRF, Sonepat.

 

Announced:07.08.2015