DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FATEHGARH SAHIB.

                                                 C.C. No.  127 of 10.09.2014     

                                                 Decided on: 26.02.2015

Balbir Singh son of Sh.Joginder Singh, resident of village Halla, Post Office Fatehpur, Tehsil Nabha, District Patiala.

                                                            ……..Complainant

                                         Versus          

1.Danish Motors, Near Gurdwara Jyoti Saroop, Chandigarh Road, Fatehgarh Sahib through its Proprietor/Partner Rakesh Kumar.

New address

Danish Motors, village Alour, Near Sewa Kunj Pvt. Ltd., Tehsil Khanna, District Ludhiana through its Proprietor/Partner  Rakesh Kumar .Mobile No.9855800835.

2.  Northern Hyundai ( A Unit of Northern Motors (P) Ltd.) GT Road (West), Outside Octroi Post,Ludhiana through its Managing Director.

                                                  …..Opposite Parties

Complaint Under Sections 12 to 14of the

Consumer Protection Act.     

Quorum

Sh. Ajit Pal Singh Rajput, President.

Smt. Veena Chahal, Member.

Present :     Sh.G.S.Bhamarsi, counsel for the complainant.

                  Opposite parties exparte.

ORDER

 By Sh. Ajit Pal Singh Rajput, President.

1. Complainant Balbir Singh resident of village Halla Post Office Fatehpur, Tehsil Nabha, District Patiala has brought this complaint against the opposite parties (hereinafter referred to as the OPs) under Sections 11 to 14 of the Consumer Protection Act. The brief facts of the complaint are as under:-
2. The complainant was allured by the OPs that under the national promotion  a gift cheque to the amount of Rs.20,000/- would be given under ‘Bonus Exchange Scheme’. On 25.11.2013 , the complainant purchased a car make i20 Asta 1.4 Dsl BS IV colour white under the scheme of ‘Old car exchange ‘ vide invoice No.H201300490 for an amount of Rs.7,90,702/-from OP no.1.The complainant gave his old vehicle i.e. Maruti car No.PB-11-AT-3812 for an amount of  Rs.1,00,000/-.The OP did not hand over the 2^nd key and the service book of the car rather demanded more money from the complainant. The complainant paid Rs.1,65,000/- to OP no.1 who issued receipt dated 17.12.2013.Despite the repeated visits , the OPs failed to give any gift cheque of  Rs.20,000/-. The complainant got served the ops with the legal notice dated 21.5.2014.The OPs also failed to comply with the order passed by this Forum in the earlier complaint . Thus there was deficiency of service on the part of the OPs. Hence this complaint for a direction to the OPs to pay/issue the gift cheque of Rs.20,000/-, Rs.50,000/- as compensation for the harassment and mental tension suffered by the complainant and Rs.25000/- as litigation expenses.
3. Notice of the complaint was issued to the OPs through registered post. Despite service no one appeared to contest the case on behalf of the OPs and were accordingly proceeded against exparte.
4. In the exparte evidence, the complainant tendered in evidence his affidavit, Ex.C1, copy of retail invoice, Ex.C2, copy of National Promotion, Ex.C3, copy of RC, Ex.C4, copy of receipt,Ex.C5, copy of legal notice Ex.C6, copies of postal receipts Exs.C7,C8, copy of title of the order dated 21.7.2014, Ex.C9, postal receipts, Ex.C10,C11, copy of order dated 21.7.2014 and closed the evidence.
5. The ld. counsel for the complainant has submitted that the complainant had purchased a i20 Astra car from OP no.1 under the scheme of  old car exchange on 25.11.2013.He stated that as per the National Promotion- NOV 2013 i.e Ex-C3 complainant was entitled to get a gift cheque of Rs.20,000/-.The ld. counsel argued that complainant had several times requested the OP no.1 to make the payment as per the advertisement but the OP no.1 did not bother to heed to the request of the complainant and later on closed their local branch and shifted to Ludhiana. The ld. counsel argued that from the act and conduct it is ample clear that the OPs have committed unfair trade practice and deficiency of service for which complainant deserves to be compensated.
6. We have heard the ld. Counsel for the complainant and gone through the pleadings, evidence led by the complainant, we find force in the submissions made by the ld. counsel for the complainant. It is evident from the Ex-C5 i.e cash receipt issued by OP no.1 that the complainant had purchased the said vehicle from OP no.1.It is also clear from the Ex-C3 i.e National Promotion Scheme that complainant was entitled to get Rs.20,000/- as gift cheque and at the time of purchase the said scheme was effective as the same was applicable from 2^nd November to 30^th November 2013.
7. Accordingly, in view of our aforementioned discussion, we find that the OP no.1 has not provided the benefit as stated in Ex-C3 i.e Bonus Exchange Scheme for old car exchange thus has adopted unfair trade practice and has caused harassment to the complainant. Hence the present complaint is accepted and OP no.1 is directed to pay Rs.20,000/- as per scheme and also to pay 6% interest from the date of purchase of the said vehicle till the date of payment. Complainant is also held entitled to compensation alongwith litigation cost amounting to Rs.10,000/-.This order be complied within 45 days from the date of receipt of this order.
8. The arguments on the complaint were heard on  24.02 .2015   and the order was reserved. Now the order be communicated to the parties. Copy of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.

Pronounced                                    

Dated:26.02 .2015

                                                                                      (A.P.S.Rajput)

                                                                                      President      

                                                                                      (Veena Chahal)

                                                                                Member