By Smt. Padmini Sudheesh, President:
The complainant came across with a general offer by respondent indicating that Bajaj G.C.1000 is for sale for a price of Rs.6999/-. The complainant approached the respondent to buy the said vehicle. But the respondent refused to deliver the vehicle for that price. The act of respondent is unfair trade practice. Hence the complaint.
2. The counter is to the effect that it is incorrect and denied that the complainant has approached the respondent for purchasing the vehicle. The vehicle stated in the complaint will cost Rs.1,28,000/- including road tax, insurance etc. Only the down payment amount was shown in the advertisement. It is also stated in the advertisement that there are other conditions remained. These offers are given by the manufacturers and this respondent is only a dealer. The complaint is not maintainable since the manufacturer is not impleaded. The complainant did not approach the respondent and the averments in the complaint are false. Hence dismiss.
3. The points for consideration are that:
(1) Whether there is any unfair trade practice committed by
respondent?
(2) If so reliefs and costs.
4. The evidence consists of Exts. P1 to P3 only.
5. Points: The complaint is filed alleging unfair trade practice committed by respondent. It is the case that the complainant came across with a general offer by respondent indicating that Bajaj G.C.1000 is for sale for a price of Rs.6999/-. According to him, he has approached the respondent with the money stated in the offer for purchasing the vehicle but the respondent refused to deliver the vehicle for that amount. So the complainant would say that the respondent committed unfair trade practice through a misleading advertisement.
6. The complainant produced Exts. P1 to P3 documents in support of his claim. Ext. P1 is the alleged newspaper produced by complainant to show his claim. There is nothing to show that the respondent Vehicles India Bajaj has advertised such an offer as stated by complainant. It can be seen from Ext. P1 that Hero Honda bike is available for Rs.6999/-. It is by Hero Honda and Kalyan Mobikes Pvt. Ltd. There is no mentioning about the name of respondent. As per Ext. P1 the respondent is not the person who has made such an offer. The complaint is filed with malafides. It is a frivolous, vexatious complaint. So it should be dismissed with cost to respondent. The complainant by an unnecessary complaint dragged the respondent to contest the case for which they are not at all responsible.
7. In the result the complaint is dismissed with cost Rs.1000/- (Rupees one thousand only) to the respondent within one month from the date of receipt of copy of this order.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 5th day of June 2012.
