ADV. RAVI SUSHA, MEMBER.

            This complaint for  an amount of Rs.10,000/- as the exchange offer and other reliefs.

The averments in the complaint can be briefly summarized as follows:

           The complainant was the registered owner of KL-02 M 6570 Maruiti 800.   On 20.2.2008 Sri. Sujesh, the Business exclusive of Hilton Hundai approached the complainant with an exchange offer Rs.10,000/- for a new Hundai Santro car and the value for Maruti 800 is fixed as Rs.70,000/- including exchange offer.  At the time of offer the 3^rd opp.party insisted for the transfer of Maruruti 800 car into the name of 4^th opp.party Sreekumar and on 22.2.2008 itself the complainant transferred his vehicle into name of 4^th opp.party by accepting the value of Maruti 800 car as only Rs.60,000/-     On 13.3.2008 the complainant has effected the delivery of new Hundai Santo without availing the offer of Rs.10,000/-   On enquiry the 3^rd opp.party has contempted that the Maruti 800 may not have been transferred before the delivery of new Hundai Santro, so the complainant is not entitled to get the exchange offer of Rs.10,000/-  The complainant has lodged his complaint before the 1^st and 2^nd opp.party.    But no positive reply has been so far delivered.    There is deficiency in service on the part of the opp.parties.  Hence the complaint.

Points that would arise for consideration are:

1.     Whether there is deficiency in service on the part of the opp.parties

2.     Reliefs and costs

For the complainant PW.1 is examined.   Ext.P1 and P2 are marked.

Points: 1 and 2

          Opp.parties though  served with a notice, chose not to file their version disputing or denying the averments made in the complaint.  Opp.parties did not turn up to adduce any evidence at all

          We are carefully perused the complaint, affidavit and documents filed by the complainant.   As no evidence is adduced from the side of the opp.parties, we are constrained to rely upon the ex-parte evidence.  Ext.P1 and P2 shows that the opp.parties have committed deficiency in service.   Therefore the complainant is entitled to get relief.

          In the result the complaint is allowed.   The opp.parties are directed to pay Rs.10,000/- to the complainant as the exchange offer.  Opp.parties are also directed to pay Rs.2000/- as cost and compensation.   The order is to be complied with within one month from the date of receipt of the order.

            Dated this the        day of June, 2009.

                                                                                  .

I N D E X

List of witnesses for the complainant

PW.1. –Mohan Babu

List of documents for the complainant

P1. – Booking order

P2. – Registration particulars