BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
VAZHUTHACAUD, THIRUVANANTHAPURAM.
PRESENT
SRI. G. SIVAPRASAD : PRESIDENT
SMT. BEENAKUMARI. A : MEMBER
SMT. S.K.SREELA : MEMBER
C.C. No. 82/2011 Filed on 23.03.2011
Dated : 15.06.2011
Complainant :
A. Abida Beevi, 153, Naju Villa, Murukkuman, Nilamel P.O, Kollam.
(Appeared in person)
Opposite party :
Hilton Hyundai, Zion, T.C 36/58(6), N.H. Bypass Road, Eanchakkal, Thiruvananthapuram-8.
This O.P having been heard on 06.06.2011, the Forum on 15.06.2011 delivered the following:
ORDER
SMT. BEENAKUMARI.A: MEMBER
Complainant purchased a Santro GLS car from the opposite party on 07.11.2010. At that time the opposite party offered an exchange bonus of Rs. 20,000/- when the customer exchanged her Hilton Hyundai car to the opposite party. But the opposite party did not give that offer to the complainant. For that the complainant had approached and requested the opposite several times. But they never turned up to give that exchange offer. Hence this complaint.
Opposite party accepted notice from this Forum, but they never turned up to contest the case. Hence opposite party remains exparte.
Points to be ascertained :
Whether there is deficiency in service and unfair trade practice occurred from the side of opposite party?
Reliefs and costs.
Points (i) & (ii):- The case of the complainant is that she had purchased a Santro GLS car from the opposite party on 07.11.2010. At that time there was an exchange offer that if the customers exchange their Maruti Wagon R, they will get Rs. 20,000/- as exchange offer. In this case the complainant exchanged her Maruti Wagon R to the opposite party at the time of purchasing the vehicle. But the opposite party has not given the offer for that purchase. To prove her contention the husband of the complainant, whom she has authorized to conduct the case, filed proof affidavit and has produced 5 documents. Ext. P1 is the offer letter. As per this letter the opposite party offered exchange bonus. Ext. P2 is the motor vehicle cover note of New India Assurance Co. Ltd. to the new Hyundai Santro Car in the name of the complainant dated 06.11.2010. Ext. P3 is the copy of invoice dated 06.11.2010. From this invoice we can see the price of the vehicle. As per this bill the price is Rs. 3,66,882/-. Ext. P4 is the copy of vehicle price information sheet. Nowhere in these documents the opposite party has deducted the exchange offer of Rs. 20,000/- from the price of the vehicle. As per Ext. P1 document, there was an exchange offer at that time. And moreover the opposite party in this case never appeared for contesting the claim of the complainant and the affidavit filed by the complainant stands unchallenged. From the evidences adduced by the complainant we find that there is unfair trade practice and deficiency in service from the side of opposite party. The complainant is entitled to get the exchange bonus offered by the opposite party. Hence the complaint is allowed.
In the result, the opposite party is directed to pay the exchange bonus amount of Rs. 20,000/- to the complainant with 9% annual interest from 07.11.2010. The opposite party shall pay Rs. 1,500/- as costs to the complainant. Time for compliance one month from the date of receipt of the order, otherwise 12% annual interest shall be paid to the entire amount.
A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 15th day of June 2011.
Sd/- BEENAKUMARI. A : MEMBER
Sd/-
G. SIVAPRASAD : PRESIDENT
Sd/-
S.K. SREELA : MEMBER
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C.C. No. 82/2011
APPENDIX
I COMPLAINANT'S WITNESS :
NIL
II COMPLAINANT'S DOCUMENTS :
P1 - Copy of the offer letter dated 01.12.2010
P2 - Copy of motor vehicle cover note dated 06.11.2010
P3 - Copy of vehicle sale bill No. 1046 dated 06.11.2010
P4 - Copy of vehicle price information sheet.
P5 - Copy of vehicle price information sheet.
III OPPOSITE PARTY'S WITNESS :
NIL
IV OPPOSITE PARTY'S DOCUMENTS :
NIL
Sd/-
PRESIDENT
