By. Sri. Chandran Alachery, Member:
The complaint is filed under section 12 of the Consumer Protection Act for an Order directing the opposite parties to pay Rs.50,000/- as compensation to the complainant and Rs.12,000/- as no claim bonus with 12% interest from 24.09.2012 and to pay the cost of the proceedings.
2.Brief of the complaint:- The complainant had booked for a Hyundai car with the opposite parties by paying an advance amount of Rs.10,000/-. The on road value of the car is Rs.4,52,000/-. As per the conditions stated in the order booking form dated 07.09.2012 and 24.09.2012 there are special price, exchange bonus benefits available to the complainant. Opposite party No.1 assured the exchange bonus to the complainant and informed the complainant that it will be given to the complainant as and when it is allowed by the company and it is stated in the preliminary information sheet. The complainant gave his Maruthi Alto car bearing No. KL 12 B 8665 to the 1st opposite party and the 1st opposite party sold it. After purchasing the new vehicle from opposite parties, the complainant demanded the exchange bonus from the opposite parties, but opposite parties did not give. Aggrieved by this, the complainant filed this complaint to redress his grievances.
3. On receipt of complaint, Notices were issued to opposite parties and opposite parties appeared before the Forum and filed version. In the version, the opposite parties admitted that the complainant purchased Hyundai i10 car from opposite parties on 25.09.2012. The manufacturer of the car had introduced a scheme of exchange bonus at the time of purchase of said car. One of the conditions of the scheme was that the exchange bonus can only be availed if the old vehicle should be have minimum six months in the ownership of the complainant at the time of new car invoice confirmation and that the old vehicle should be physically exchanged to avail the same. But as per the registration details of the Motor vehicles department, it is known that the complainant who has purchased the car KL 12 B 8665 Maruthi Alto on 16.08.2012 had transferred the same in favour of One Joseph and policy certificate of Insurance from the New India Insurance company shows that the change in the name of the insurer with effect from 21.08.2012 for the old car. Since the vehicle is sold outside, the opposite parties cannot give exchange bonus to the complainant. The opposite parties never promised the complainant that the exchange bonus of Rs.12,000/- will be given to the complainant.
4. On perusal of complaint, version and documents, the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service from the part of opposite parties?
2. Relief and Cost.
5. Point No.1:- The complainant filed proof affidavit and he is examined as PW1 and documents are marked as Ext.A1 to A4. Opposite party No.1 is examined as OPW1 and Ext.B1 to B5 is marked. Opposite parties witness is examined as OPW2 and Ext.B6 and B9 is marked. In Ext.A2 document, it is stated that the scheme offered are special price and exchange bonus. In Ext.A2 document, it is stated that exchange bonus is applicable if the old car RC Book should be in the name of the buyer or spouse. The case of the opposite party is that the complainant had already sold his vehicle to one Joseph and the RC is changed in Joseph's name with effect from 16.08.2012. The complainant booked for the new vehicle on 07.09.2012. As per Ext.B1 and as per Ext.A1 these facts are evident. In the re-examination of Branch head ie OPW1, OPW1 stated that the reason for the endorsement in Ext.A1 and Ext.A2 that the complainant is entitled for the exchange bonus is due to the fact that at the time of booking, the complainant gave only photocopies of RC and insurance of old car. In Ext.B3, it is clearly stated that the old car ownership of a customer is for a minimum of 6 months. The documents Ext.B6 and B7 also shows that the old car of complainant is transferred in the name of one Joseph before the date of booking of the new car. The complainant did not produce any document to show that he had entrusted the old car with the opposite parties before purchase of new car. In order to get exchange bonus, the terms and conditions of the company are to be fulfilled. Here in this case, the terms and conditions are not fulfilled. So the Forum found that the complainant is not entitled to get the exchange bonus of Rs.12,000/- from the opposite parties. So there is no deficiency of service from the part of opposite parties. The Point No.1 is found accordingly.
6. Point No.1:- Since the Point No.1 is found against the complainant, the complainant is not entitled to get cost and compensation.
In the result, the complaint is dismissed. No order as to costs.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 25th day of March 2015.
Date of Filing:30.08.2013.
PRESIDENT :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:-
PW1. John. M. D(Affidavit).
Witness for the Opposite Parties:-
OPW1. Nishal. A. M. Branch Head, Apco Vehicles Limited,
Variad, Kakkavayal.
Exhibits for the complainant:
A1. Order Booking Form. dt:07.09.2012.
A2. Order Booking Form. dt:24.09.2012.
A3. Preliminary Information Sheet.
A4. Preliminary Information Sheet.
Exhibits for the opposite parties:-
B1. Vehicle Registration Details.
B2. Copy of Policy Schedule cum Certificate of Insurance.
B2(a). Copy of Policy Schedule cum Certificate of Insurance.
B3. Copy of Exchange Discount Scheme.
B4. Copy of Retail Invoice.
B5. Registration Particulars.
B6. True Copy of Policy Schedule cum Certificate of Insurance.
B7. True Copy of Policy Schedule cum Certificate of Insurance.
Sd/-
PRESIDENT, CDRF, WAYANAD.
a/-
