DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

Parveen Kumar  s/o Late Sh.Hari Dutt Sharma, R/o 2291-A, Sector  27-C, Chandigarh

                                                                                    ---Complainant

V E R S U S

1]          Hyundai Motor India Ltd., A-30, Mohan Cooperative Industrial Estate, Mathura Road, New Delhi 110044

2]          Hyundai Motor India Limited, North Regional Office, DLF Tower-B, 3rd Floor, Rajiv Gandhi Chandigarh Tech Park, Chandigarh 160101.

3]       M/s Charisma Goldwheels [P} Ltd., #7, Indl. Area, Phase-I, Chandigarh – 160002.

 ---Opposite Parties

BEFORE:            SMT. MADHU MUTNEJA                   PRESIDING MEMBER

                        SH.JASWINDER SINGH SIDHU            MEMBER

Argued By:            Sh.Arun Batra, Advocate for the complainant

                        Sh.Ravinder Singh, Adv. for OPs No.1 & 2. 

Sh.Gaurav Bhardwaj, Advocate for the OP-3.

PER  MADHU MUTNEJA, MEMBER

1]             The instant complaint is regarding non-payment of Exchange Discount/Bonus by the OPs on the purchase of a new car.

                Briefly stated, the complainant had purchased a Hyundai Santro GLS Car from OP-3 on 03.10.2008. An Exchange Discount/Bonus of rs.15,000/- was offered to the complainant at the time of sale.  The amount was payable to the complainant after the complainant had sold his old car and furnished a copy of R.C. transferred in the name of new owner.  The complainant sold his old car and the R.C. was transferred in the name of new owner on 22.1.2009.  He then applied for payment of Exchange Discount/Bonus to the OPs but surprisingly his claim was rejected by OP-1 due to the reason “Trf. RC after 105 Days”.  As this pre-condition had not been told to the complainant at the time of purchase of new car, he was very surprised when the OP-1 refused to entertain his request.  He has thus filed the instant complaint with the request that the OPs be directed to pay Exchange Discount/Bonus of Rs.15,000/- along with interest and compensation.

2]             After admission of complaint, notices were sent to the OPs.

                OPs No.1 & 2 filed joint reply and took preliminary objections thereby denying every allegation of the complainant.  They have averred that all allegations are false and the complaint is completely devoid of merit.  The Exchange Bonus was a sales promotional scheme launched for the benefit of prospective purchaser of cars who were looking for funding the new car by sale of existing old car.  The Exchange Bonus was subject to terms & conditions, which were not complied with by the complainant.  Besides other terms & conditions, he was required to submit certain documents for the final claim settlement.  These documents included (1) New Car Invoice (2) Old Car RC before transfer in the name of the customer (3) Old Car RC in name other than that of blood relation & (4) Transfer of Ownership Fee Receipt (in case transfer date not mentioned on transferred RC). The exchange claim was valid only if all documents were received by OP-1 within 120 days of sale and also the transfer of old car was to be effected 30 days prior or till 105 days after new car purchased.  The complainant has not complied with the conditions mentioned above.   

                On merits also OP-1 & 2 have taken similar pleas as taken in the preliminary objections and have therefore prayed for dismissal of complaint being devoid of any merit. 

                OP-3 in reply has taken the plea that they are only agents of OP-1 &2 and hence cannot be made liable in the present case, as per the law settled by the Hon’ble Apex Court.  No cause of action exists against OP-3 as the Exchange Bonus is to be paid by the Manufacturer i.e. OPs No.1 & 2 only.  They have further submitted that the requisite documents, which ensured that Exchange Bonus was payable to the complainant, were not submitted by the complainant within stipulated time, hence the relief claim by him in the present complaint is not permissible.  Denying all other allegations, they have prayed that the complaint be dismissed.

3]             Parties led evidence in support of their contentions.

4]             We have heard the ld.Counsel for the parties and have also perused the record.  

5]             The basic dispute between the parties has arisen because the Ops have refused to pay the Exchange Bonus as they have alleged that the complainant has failed to submit the relevant documents in the stipulated period, as provided by them.  The new RC is dated 22.01.2009 and intimation to the Ops was given by the complainant immediately.  The intervening time period is well within 120 days.  The time stipulated as per OPs-1 & 2 is 120 days and as per OP-3 is 105 days.  Presumably the gap ensures that the Dealer is able to forward the documents to the Manufacturer in time.  The complainant has submitted the documents well before 120 days, hence the Exchange Bonus is definitely payable to the complainant.  

6]             The Hon’ble State Commission, U.T., Chandigarh in Appeal Case No.357 of 2010, decided on 25.5.2001 titled Hyundai Motors & Anr. Vs. Vinod Kumar Gupta & Anr., has held that the exchange bonus is to be given by the Manufacturer and not by the dealer.  Hence, the liability for deficiency in service should also be fastened on the Manufacturer. 

7]             In view of the above, we allow the complaint and direct OPs No.1 & 2 to jointly & severally pay the amount Rs.15,000/- as exchange bonus to the complainant as per their offer.  Further OPs No.1 & 2 will also jointly & severally pay Rs.10,000/- to the complainant towards compensation as well as cost of litigation.  However the complaint qua OP-3 is dismissed as per rulings of the Hon’ble State Commission, U.T., Chandigarh and other Courts.  How 

                This order be complied with by OPs within 30 days from the date of receipt of its certified copy, failing which OP 1 & 2 shall jointly & severally be liable to pay Rs.25,000/- along with interest @12% per annum from the date of order till the date of actual payment.

                Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

09.08.2011

                                                           (MADHU   MUTNEJA )

PRESIDING MEMBER 

(JASWINDER SINGH SIDHU)

MEMBER