DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,<br /> BATHINDA (PUNJAB)<br /> <br /> CC. No. 05 of 07-01-2009<br /> Decided on : 20-05-2009 <br /> <br /> Dr. Lovely Garg, aged about 40 years, W/o Dr. Sanjay Garg, C/o Delhi Nursing Home, Bibiwala Road, Bathinda.<br /> .... Complainant<br /> Versus<br /> <br /> 1.Hyundai Motors India Limited, A-30, Mohan Co-operative Industrial Estate, Mathura Road, New Delhi, through its Managing Director<br /> 2.Bhagat Singh Motor Company Pvt. Ltd., Jhill Adda, Sirhind Road, Patiala, through its Managing Director.<br /> ... Opposite parties<br /> <br /> Complaint under Section 12 of the Consumer Protection<br /> Act, 1986.<br /> <br /> QUORUM <br /> <br /> Sh. George, President<br /> Dr. Phulinder Preet, Member<br /> Sh. Amarjeet Paul, Member<br /> <br /> For the Complainant : Sh. Sanjay Goyal, Advocate.<br /> For the Opposite parties : Exparte.<br /> <br /> O R D E R<br /> <br /> SH. GEORGE, PRESIDENT <br /> <br /> 1. The complainant Dr. Lovely Garg, has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 (Here-in-after called the 'Act') against the opposite parties with the allegations that in the month of March, 2008, the representative of the opposite parties met her and offered various schemes including Exchange Bonus to the tune of Rs. 10,000/-, if she goes for the purchase of Hyundai Santro Car. On the assurance of the representative of the opposite parties, she purchased a Hyundai Santro Car which was delivered to her vide delivery challan No. 65 dated 16-03-2008 from the show room of the opposite parties at Bathinda. She full-filled all the required formalities including handing over all the required documents as per sale schemes of the opposite parties for the payment of Exchange Bonus, as assured by the opposite parties, within a period of one month. Thereafter, she visited the opposite parties number of times and requested them to make payment of Exchange Bonus to her, but the opposite parties failed to pay it as promised. Ultimately, she issued a legal notice dated 01-12-2008 through registered post which was served upon the opposite parties, but they failed to pay the Exchange Bonus of Rs. 10,000/- and in reply to notice, they denied her claim. She, therefore, claimed Exchange Bonus of Rs. 10,000/- alongwith damages to the tune of Rs. 25,000/- for mental tension and harassment caused to her due to adamant attitude of the opposite parties, alongwith litigation expenses.<br /> 2. The opposite parties in their reply to the allegations of the complainant, have not clearly denied their liability to pay Exchange Bonus to the tune of Rs. 10,000/-. They, however, tried to explain that delay in making the payment has been caused due to the reason that complainant failed to deliver all the requisite documents within time.<br /> 3. The complainant in order to establish the allegations, filed her affidavit Ex. C-1, copy of legal notice served upon the opposite parties Ex. C-2, postal receipts vide which legal notice was sent Ex. C-3 & Ex. C-4, copy of reply of legal notice Ex. C-5, l receipt Ex. C-6, copy of letter dated 10-02-2009 Ex. C-7 and copy of delivery receipt Ex. C-8.<br /> 4. The opposite parties instead of leading any evidence made the payment of Exchange Bonus amount of Rs. 10,000/- plus interest of Rs. 706/- to the complainant vide cheques dated 12-02-2009 and 25-02-2009 respectively. <br /> 5. It appears from the record that the complainant has received the Exchange Bonus of Rs. 10,000/- as per scheme of the opposite parties alongwith interest of Rs. 706/-. However, it appears from the record that the car was delivered to the complainant on 16th March 2008 and the opposite parties were required to pay Exchange Bonus of Rs. 10,000/- within a period of one month. As per affidavit of the complainant, she completed all the formalities as per requirements of the scheme for payment of the Exchange Bonus within a period of one month though it has not been accepted by the opposite parties in reply. However, it has not been specifically stated as to actually when the complainant complied with the formalities for payment of Exchange Bonus. The complainant had to issue a legal notice Ex. C-2 and in reply Ex. C-5, instead of making payment, the opposite parties denied the claim of the complaint. Resultantly, the complainant had to file the present complaint on 6th January, 2009. The opposite parties only then moved to decide finally for payment of Exchange Bonus alongwith interest in favour of the complainant after filing of the present complaint meaning thereby that the opposite parties initially committed deficiency in service and made payment of the Exchange Bonus and interest after the complainant was forced to file complaint against them before this Forum. The complainant, thus definitely not only put to unnecessary litigation expenses and to knock the door of this Forum for her redressal but also she was put to unnecessary mental tension, agony and unwarranted harassment by the act and conduct of the opposite parties. Therefore, the opposite parties are liable to pay adequate and reasonable charges to the complainant for unnecessary suffering mental tension and harassment etc., which we assess to the tune of Rs. 2,000/- and litigation expenses to the tune of Rs. 500/-.<br /> 6. For the aforesaid reasons, we accept the complaint and direct the opposite parties to pay to the complainant an amount of Rs. 2,000/- as compensation alognwith litigation expenses to the tune of Rs. 500/- within a period of 45 days from the date of receipt of copy of this order<br /> The copy of this order be sent to the parties free of costs and file be consigned.<br /> Pronounced :<br /> 20-05-2009 (George)<br /> President<br /> <br /> <br /> (Dr. Phulinder Preet)<br /> Member <br /> <br /> (Amarjeet Paul)<br /> Member <br />