BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.

Date of filing : 28/05/2010

Date of Order : 29/09/2011

Present :-

Shri. A. Rajesh, President.

Shri. Paul Gomez, Member.

Smt. C.K. Lekhamma, Member.

C.C. No. 323/2010

Between

And

O R D E R

C.K. Lekhamma, Member.

1. The facts of the complainant's case are as follows :

The complainant purchased a brand new Hyundai i 10 car from the opposite party on 01-06-2009. The purchase was by exchanging his used Maruthi 800 deluxe car. The price of the complainant's old car was fixed as Rs. 1,10,000/-. This was adjusted towards the cost of the new car. The balance amount was paid as per demand draft. Along with other benefits, the sales consultant has assured an exchange bonus of Rs. 10,000/- as advertised by the company. They told that exchange bonus can be disbursed only after four months and also assured that the exchange bonus would be sent by the company by cheque in complainant's favour. However, frequently the complainant contacted the sales consultant over phone and on all that occasions he wanted some more time to settle the claim. Thereafter, they informed the complainant that the exchange bonus cannot be given as it is time barred. The complainant sent a registered letter on 11-02-2010 in reply to that they admitted the exchange of the old car, but stated that the exchange bonus cannot be given as the agreed dead line has elapsed. The complainant was not informed about any dead line in the matter either at the time of delivery or afterwards. These facts were brought to the notice of the sales manager by a registered letter on 23-02-2010. But no reply was sent to him. But till date, the complainant has not received the amount. The 2^nd and 3^rd opposite parties are liable to give exchange bonus to the complainant, since they are employees under the 1^st opposite party. Hence the complainant is seeking the following reliefs against the opposite parties :

1. To direct the opposite parties to pay the complainant a sum of Rs. 10,000/- as exchange bonus with interest.

2. To direct the opposite parties to pay to the complainant Rs. 5,000/- towards mental agony caused to the complainant due to the non-payment of exchange bonus.

2. Version of the 2^nd opposite party :

The complaint is prima-facie not maintainable against the 2^nd opposite party either in law or on facts of the case. The complainant has never sold his vehicle to M/s. Hyundai Advantage, the used car division of the 2^nd opposite party. The 1^st opposite party who is the manufacturer is liable to pay the exchange bonus, provided complainant satisfies the conditions for entitlement of exchange bonus prescribed by the 1^st opposite party. In order to satisfy the exchange bonus claim, the complainant ought to have given the documents within the time stipulated by the 1^st opposite party. In this case, the complainant has not provided the documents in the stipulated time, therefore the complainant does not satisfy the terms and conditions stipulated by the 1^st opposite party for claiming exchange bonus. The complainant was informed by the 2^nd opposite party that the exchange bonus of Rs. 10,000/- is offered by the manufacturer of the vehicle and the 2^nd opposite party as the dealer is only the channelizing agency to facilitate the payment of exchange bonus. The complainant has no cause of action against the 2^nd opposite party.

3. The complainant and the 2^nd opposite party are represented through counsel. The 1^st and 3^rd opposite parties were absent even after accepting notice from this Forum. The complainant examined as PW1 and Exts. A1 to A3 were marked on his side. The witness for the 2^nd opposite party was examined as DW1 and Ext. B1 was marked on their side.

4. The points that arose for consideration are :-

1. Whether the complainant is entitled to get exchange bonus from the opposite parties?

2. Compensation and costs, if any?

5. Point Nos. i. and ii. :- The case of the complainant is that at the purchase of his new car by exchanging his used car. The 3^rd opposite arty has assured exchange bonus of Rs. 10,000/- to the complainant, but the same has not been disbursed to him. The 2^nd opposite party contends that the complainant never sold his old vehicle through them. According to the 2^nd opposite party, the 1^st opposite party who is the manufacturer is liable to pay exchange bonus. It is submitted that to facilitate the exchange bonus, the complainant has not provided the documents in the stipulated time.

6. Ext. A1 is the copy of the letter issued by the complainant to the 2^nd opposite party. Ext. A2 is the reply issued by the 2^nd opposite party to the complainant in which it is mentioned that the exchange bonus discount pertaining to subject vehicle has become void due to non-submission of relevant documents in time by the complainant. Ext. A3 issued by the complainant which is the copy of the reply of Ext. A2. In which he specifically mentioned that the sales consultant never informed him the dead line about any records to be provided by the complainant. And he had already been submitted all the relevant documents on 01-06-2009. The 2^nd opposite party relied on Ext. B1 undertaking. It shows that the complainant undertakes that the following documents submitted by him within 40 days.

1. “Copy of old car RC registered in my name.

2. Copy of old car RC transferred to a new buyer.

3. Copy of New Car Invoice.

4. Copy of New Car RC.

5. Transfer of Ownership fee receipt (In case transfer date not mentioned on transferred RC)”

But the complainant vehemently disputed the veracity of the said documents. In this aspect DW1 was cross-examined and he deposed that the name and signature of the complainant is in his own hand writing. The remaining has filled by the sale consultant. The sales consultant is the staff of the 2^nd opposite party. Therefore, we cannot rely the said document Except Ext. B1 there is no other evidence before us that the 2^nd opposite party has duly informed the complainant with regard to the documents and time stipulation. DW1 admitted that they did not inform to the 1^st opposite party with regard to Ext. A1 letter. Moreover, in the first limb of version the 2^nd opposite party denied exchange of the old vehicle thereafter they admitted exchange bonus in the version as well as in Ext. A2 reply notice. They cannot approbate and dipprobate their contention. In view of the aforementioned reasons, we are of the opinion that the complainant is entitled to get exchange bonus. The 1^st opposite party is the manufacturer. They offer exchange bonus. Hence the 1^st opposite party is liable to pay exchange bonus. In the facts and circumstances of the case, we are not ordering any compensation. Nevertheless, the complainant is entitled to get litigation costs from the 1^st and 2^nd opposite parties.

7. Accordingly, we partly allow the complaint as follows :

1. The 1^st opposite party shall pay the exchange bonus of Rs. 10,000/-to the complainant together with interest @ 9% p.a. from the day fixed for compliance of this order till realisation.

2. The 1^st and 2^nd opposite parties shall jointly and severally pay Rs. 1,500/- as litigation costs to the complainant.

The order shall be complied with, within a period of one month from the date of receipt of a copy of this order.

Pronounced in open Forum on this the 29^th day of September 2011.

Sd/- C.K. Lekhamma, Member.

Sd/- A. Rajesh,President.

Sd/- Paul Gomez, Member.

Forwarded/By order,

Senior Superintendent.

A P P E N D I X

Complainant's Exhibits :-

Opposite party's Exhibits :-

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