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BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.
Dated this the 28th day of February 2018
( Camp sitting at Muvattupzuah)
Filed on : 27-01-2017
PRESENT:
Shri. Cherian K. Kuriakose, President.
Shri. Sheen Jose, Member.
Smt. Beena Kumari V.K. Member.
CC.No.44/2017
Between
K.V. Ulahannan, : Complainant
S/o. Varkey, Kalambukattu house, (By Adv. Tom Joseph, Court road,
Vazhakulam P.O., Muvattupuzha)
Muvattupupzha-686 670.
And
1. M/s. Maruti Suzuki India Ltd., : Opposite parties
I, Nelson Mandela Road,
Vasant Kunj,
New Delhi – 110 070.
2. M/s. Indus Motors, (By Adv. P.K. Aboobacker, A.61,
One way junction, Market P.O., Kombara Junction, Ernakulam,
Muvattupuzha-686 673., North P.O., Kochi-18)
rep. by its Managing Director.
O R D E R
Cherian K. Kuriakose, President.
Complainant's case
2. The complainant is an LIC agent, and he approached the 2nd opposite party M/s. Indus motors for purchasing a new maruti desire car from one Mr. Ayoob, the sales executive of the 2nd opposite party offered exchange bonus to the tune of Rs. 12,000/- for exchanging his old car and also Rs. 3,100/- towards deduction offered to LIC agent. It was intimated that the exchange bonus would be reimbursed to the complainant after completing the registration formalities of the new car. Accordingly, the complainant booked a Maruti Swift desire car and the car was delivered to him on 07-11-2016 on payment of the entire price amount of Rs. 7,89,472/-. Thereafter the 2nd opposite party did not do anything to reimburse the exchange bonus and the insurance discount. The 2nd opposite party revised to honour the offer and intimated the complainant that the bonus was also already adjusted in the price of the old car. The complainant had sold the car by believing the assurance that he would get exchange bonus. He could have sold the open marked at higher price. The false representation made by the 2nd opposite party regarding the exchange bonus and its denial thereafter is an unfair trade practice and deficiency in service on the part of the 2nd opposite party. The complainant is therefore entitled to get an order direct the opposite party to pay Rs. 12,000/- towards exchange bonus and Rs. 3,100/- towards discount for LIC agent.
3. Notice was issue to the opposite parties. The 2nd opposite party appeared and resisted the claim of the complainant by contending in their version denying the allegations. The complainant booked the Maruti desire car on 05-11-2016, and at the time of booking he intimated that he wanted to exchange the old car for new booking. The true value department of the opposite party valued the old car for Rs. 1,60.000/- and it was intimated to the complainant by sourcing letter dated 12-11-2016. The complainant was also given the exchange bonus of Rs. 12,000/- and thus the amount was reached at Rs. 1,65,000/- for the used car of the complainant. The exchange bonus is shown in the exchange bonus letter dated 12-11-2016 The complainant was also given a discount of Rs. 2,100/-, which was eligible for LIC agent. It is not Rs. 3,100/- as alleged by the complainant. The complainant actually paid only Rs. 6,86,819/- and the balance amount of Rs. 24,100/- was adjusted in to his account by way of offers and discounts towards the fulfillment of the showroom price of Rs. 7,10,919/-. The complainant is not entitled to get any amount as prayed for.
4. The evidence in this case consists of Exb ts. A1 to A3 documents on the side of the complainant without any oral evidence and the evidence of opposite party consists of Exbts. B1 to B7 document.
5. Following issues were settled for consideration.
- Whether the complainant had proved that there was any deficiency in service on the part of the opposite parties as alleged in the complaint?
- Reliefs and costs.
5. Issue No.i. As per Exbt. A1, the complainant was given an assurance that the car price would be Rs. 7,89,472/-. Rs. 10,000/- was given as reduction towards consumer offer. It is seen from Exbt. A1 that the complainant was intimated that an amount of R. 3,100/- also would reduced from that amount and that the complainant was needed to pay only Rs. 7,76,372/- as per Exbt. A1. The total amount paid as per Exbt. A2 performa invoice was Rs. 7,89,472/-, which includes the costs of road tax and registration charges. The complainant filed Exbt. A3 letter before the 2nd opposite party on 16-12-2016 after a month from date of delivery . Exbt. A3, the case of the complainant was that he came to know that there was exchange bonus of Rs. 12,000/- . It is very clear from Exbt. A3 that the sales executive did not intimate the complainant that there would be a reduction of Rs. 12,000/- as Exchange bonus. Whereas, the case of the complainant was that he was intimated by the sales representative that the exchange bonus would be returned after registration. Exbt. A3 would relied the contention of the complainant in his complaint. The opposite parties produced Exbts. B1 to B7 documents. Exbt. B1 is the sourcing letter dated 12-11-2016, wherein, it is seen that the price of the old car given by the complainant in exchange of the new car was fixed as Rs. 1,53,000/-. The complainant was unable to prove that the opposite party have assured the refund of any amount after registration. The complainant has therefore failed to prove the allegation in the complaint regarding deficiency in service and the issue is found against the complainant.
6. Issue No. ii. Having found issue No. i against the complainant, we find that the complaint is liable to be dismissed and is accordingly dismissed.
Pronounced in the open Forum on this the 28th day of February 2018
Sd/-
Cherian K. Kuriakose, President.
Sd/-
Sheen Jose, Member.
Sd/-
Beena Kumari V.K., Member.
Forwarded/By Order,
Senior Superintendent.
Appendix
Complainant's Exhibits
Exbt. A1 : True copy of Worksheet
A2 : True copy of proforma invoice
A3 : True copy of letter dt. 16-12-2016
Opposite party's exhibits:
Exbt. B1 : True copy of sourcing letter
dt. 12-11-2016
B2 : Tue copy of delivery receipt
dt. 07-11-2011
B3 : True copy of exchange bonus
letter dt. 12-11-2016
B4 : Customer account summary
B5 : True copy of tax/vehicle invoice
dt. 14-11-2016
B6 : True copy of booking form
B7 : True copy of ISL Scheme
Summary for the period of
1st to 30th November 2016
Copy of order despatched on:
By Post: By Hand:
