Chandigarh

DF-I

CC/842/2014

Henna Singla - Complainant(s)

Versus

KLG Hyundai (Ashwani Automobiles Pvt. Limited) - Opp.Party(s)

Sandeep Gupta

05 Jun 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

============

Consumer Complaint  No	:	CC/842/2014
Date  of  Institution	:	19/12/2014
Date   of   Decision	:	05/06/2015

 

 

 

 

 

Henna Singla D/o Sh. C.L. Singla, R/o H.No. 1414, Sector 61, Chandigarh.

 

….Complainant

Vs.

 

(1)   K.L.G. Hyundai (Ashwani Automobiles Private Ltd.), Plot No. 181/3B, Industrial Area, Phase-I, Near Tribune Chowk, Chandigarh, through its Managing Director.

 

(2)   Hyundai Motor Company, D.L.F. Tower-B, 3^rd Floor, Rajiv Gandhi Chandigarh Technology Park, Chandigarh.

 

…… Opposite Parties

 

 

BEFORE:   SH. P.L. AHUJA                PRESIDENT

          SH. SURESH KUMAR SARDANA     MEMBER

 

 

For Complainant	:	Sh. Sandeep Gupta, Advocate.
For OP No.1	:	Sh. Gaurav Bhardwaj, Advocate.
For OP No.2	:	Sh. Amit Gupta, Advocate.

 

 

PER SURESH KUMAR SARDANA, MEMBER

 

 

 

          In brief, allured by the corporate discount and exchange bonus, offered by the Sales Executive of Opposite Party No.1 (Annexure C-1), the Complainant purchased Hyundai i20 Magna car vide payment receipts Annexure C-2 & C-3 respectively. It has been averred that in order to avail the exchange bonus of Rs.10,000/- the Complainant had submitted the copy of slip issued by the RLA, Chandigarh dated 10.06.2013 to the Opposite Party No.1, in respect of the sale of her old vehicle bearing Regn. No. CH-01-Z-1230 (Annexure C-4), on 22.06.2013. Thereafter, the Opposite Party No.1 had obtained her signatures on the Annexure-I Exchange Discount Scheme Papers (Annexure C-5). Subsequently, on receipt of transferred R.C. of old vehicle on 20.07.2013 in favour of Sh.Umesh Kumar, the Complainant had duly submitted the same in the office of Opposite Party No.1 (Annexure R-6). It has been alleged that the Complainant thereafter visited the office of Opposite Party No.1 a number of times for getting the amount of exchange bonus i.e. Rs.10,000/-, but every time, the Opposite Party No.1 dilly-dallied the matter on one pretext or the other. The Complainant even visited the Opposite Party No.2, on the directions of Opposite Party No.1, with the request to release the payment, at the earliest. However, to the utter surprise of the Complainant, the Opposite Party No.2 flatly refused to release to give any exchange bonus. Eventually, the Complainant served a legal notice dated 4.8.2014 on the Opposite Parties (Annexure C-7), but nothing positive could come out to ventilate her grievance. When all the frantic efforts made by the Complainant, failed to fructify, as a measure of last resort, alleging that the aforesaid acts of the Opposite Parties tantamount to deficiency in service and unfair trade practice, the Complainant has filed the instant Complaint u/s 12 of the Consumer Protection Act, 1986, seeking various reliefs.

2.     Notice of the complaint was sent to Opposite Parties, seeking their version of the case.

 

3.     Opposite Party No.1 in its reply, while admitting the factual matrix of the case, has pleaded that the Complainant never submitted the papers with the answering Opposite Party. The documents were required to be submitted within 110 days of the purchase of car. It has been asserted that in the present case, the sale was done on 30.3.2013. The form was signed on 22.6.2013 and the final document was handed over to the answering Opposite Party only on 20.7.2013. The exchange bonus was valid only, if the documents were received by Opposite Party No.2 within 110 days from the date of sale. The period of 110 days expired and the documents were provided to the answering Opposite Party on 112^th day. It has been pleaded that the Complainant did not attach any proof or scheme under which she was entitled to get such exchange bonus. The Complainant was herself at fault as she failed to provide the required documents within stipulated time.  Denying all other allegations and stating that there is no deficiency in service or unfair trade practice on its part, Opposite Party No.1 has prayed for dismissal of the complaint.

 

4.     Opposite Party No.2 in its reply has pleaded that processing of the exchange bonus depends upon fulfillment of certain terms & conditions by the Complainant to avail such benefit. As per records, the Complainant has failed to fulfill the mandatory conditions and hence she was not entitled to any exchange bonus. It has been submitted that as per the exchange bonus claim policy, apart from the other terms and conditions certain documents are required for final claim settlement such as invoice of the new car; registration certificate of the old car in the name of the customer before transfer; registration certificate of the old car after transfer in the name of the purchaser and transfer of ownership fee receipt. Further, exclaim claim would only be valid if same would be punched by the selling dealer in the centralized system i.e. Dealer Management System. The exchange claims were valid only if the claims, along with the necessary documents are received by the answering Opposite Party within 120 days from the date of the sale from the concerned selling dealer i.e. Opposite Party No.1. Exchange discount is applicable only if the old car is transferred up to 30 days before or up to 105 days after new car invoice confirmation date. It has been submitted that the answering Opposite Party did not receive transfer car registration certificate within the prescribed timeline and hence, the claim of the Complainant could not be processed. Above fact was also communicated to the concerned selling dealer (Opposite Party No. 1).  Denying all other allegations and stating that there is no deficiency in service or unfair trade practice on its part, Opposite Party No.2 has prayed for dismissal of the complaint.

5.     Parties were permitted to place their respective evidence on record, in support of their contentions.

 

6.     We have heard the learned counsel for the parties and have perused the record, along with the written arguments filed on behalf of the parties. 

 

7.     The terms and conditions appear to be explained orally only as placed at Annexure C-1. The Opposite Parties have failed to produce on record any documentary evidence contradicting the same. Otherwise a copy of the terms and conditions must have been got signed by the Opposite Parties from the Complainant at the time of sale, which has not been done in the present case. The sale of the old car by the Complainant and transfer has been done much earlier than the cut-off date. The Opposite Parties have, therefore, failed to process the case of the Complainant in time, which amounts to deficiency in service on their part and has certainly caused immense, mental and physical harassment to the complainant.

 

8.     In the light of above observations, we are of the concerted view that the Opposite Parties are found deficient in giving proper service to the complainant and having indulged in unfair trade practice. Hence, the present complaint of the Complainant deserves to succeed against the Opposite Parties, and the same is allowed, qua them. The Opposite Parties are, jointly and severally, directed  to:-

 

[a]  To pay Rs.10,000/-towards the exchange bonus to the Complainant;

 

[b]  To pay Rs.8500/- to the Complainant on account of deficiency in service, unfair trade practice and causing mental agony and harassment;  

 

[c] To pay Rs.6500/- as cost of litigation;

 

9.     The above said order shall be complied within 30 days of its receipt by the Opposite Parties; thereafter, they shall be liable for an interest @12% per annum on the amount mentioned in sub-para [a] & [b] above from the date of institution of this complaint, till it is paid, apart from cost of litigation as mentioned in sub-para [c] above.  

 

10.     The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced

05^th June, 2015                          

Sd/-

(P.L. AHUJA)

PRESIDENT

 

 

Sd/-

(SURESH KUMAR SARDANA)

MEMBER