1 | Maruti Suzuki India Pvt. Ltd., Regional Office, 2nd Floor, Tutus Tower, NH-47, Bye pass, Padivattom, Cochin- 682 024 | :: | Opposite Parties | 2 | Indus Motors Company Pvt. Ltd., Collectorate Road, Kakkanad, Pin- 682 021 (Rep. by its Managing Director) | (O.P. 2 rep. by Adv. P.K.Aboobacker, Kombara Junction, Ernakulam North P.O, Kochi-18) |
3 | Mr.Girish Menon, Branch Office, Indus Motors Company Pvt. Ltd., Opposite Sreekala Theatre, North Fort, Thripunithura- 682 301 | O R D E R Beenakumari V.K., Member. A brief statement of the facts of this complaint is as follows: The complainant Sri.R.V. Martin had purchased a new Maruti Wagon R car, bearing registration No.KL39 G 7486 through the 2nd opposite party – Indus Motors Company Pvt. Ltd. The 3rd opposite party Sri.Girish Menon is the person who is working as the Sales Executive of the 2nd opposite party whose staff informed the complainant that if booking is made before 30th September 2014, the customer will get a gold coin, scratch win card and corporate rebate out of the offer already declared by the company. As per the advice given by the front office of the 2nd opposite party, the complainant remitted an advance amount of Rs.1,000/- on 24.09.2014 and thereafter paid an amount of Rs.413,950/- by way of DD dated on 30.09.2014 of SBT, Tripunithura branch. Despite the receipt of the invoice amount by way of DD, the opposite parties omitted to give the promised gold coin, valued Rs.2,500/-, corporate offer of Rs.3,500/- and the advance amount received by the opposite parties. The opposite parties adjusted Rs.6,000/- in the bill amount but the opposite parties kept mum regarding the advance amount of Rs.1000/- paid by the complainant. It is further contended that the scratch and win card when scratched in front of the 3rd opposite party, a 'Sony Home Theatre' was allotted to the complainant. The 2nd opposite party collected the scratch and win card from the wife of the complainant, the 3rd opposite party omitted to deliver the same within a reasonable time. Hence the complainant contacted so many officers of the opposite parties/organizations and the 3rd opposite party at last, delivered a Home Theatre named “Zebronic” valued Rs.3500/- to the complainant. But, the offer was for a 'Sony Home Theatre' valued Rs.13500/-. It is contended that the complainant lost one gold coin valued Rs.2500/- and the corporate bonus of Rs.3500/-, the advance amount of Rs.1000/- and the difference price of Home theatre of Rs.10,000/-. It is also contended that the opposite parties did not care to refund the above amounts inspite of service of a legal notice to the opposite parties. Hence, this complaint is filed seeking the direction of this Forum to the opposite parties to distribute the corporate offer, to hand over the gold coin, to refund the advance amount, to take back the Zebronic Home Theatre and to deliver Sony Home theatre. The complainant also sought the direction of this Forum to the opposite parties to pay Rs. 10,000/- towards compensation for the mental stress suffered by the complainant and to pay Rs.10,000/- towards costs of the proceedings. Notices issued to the opposite parties from this Forum and the notices were served on all the three opposite parties. The 1st and 3rd opposite parties neither appeared nor represented before this Forum. The 2nd opposite party appeared and filed its version. Version of the 2nd opposite party. The 2nd opposite party -Indus Motors Company Pvt. Ltd., Kakkanad contended that this complaint is not maintainable since no cause of action had arisen against the 2nd opposite party to file this complaint without prejudice to the above contention, it is submitted that the complainant had booked a Maruthi Wagon R car subject to the terms and conditions of order booking/commitment check list, by paying Rs.1,000/- as advance amount on 24.09.2014. It is true that the complainant was offered a gold coin, scratch and win prize and corporate offer. The allegation of the complainant that he was not given the above said offers is not correct. The complainant was given Rs.2,500/- being the cost of the gold coin, Rs.3,500/- as corporate offer and refunded the advance amount of Rs.1000/-by deducting the above amounts in the final invoice. It is further submitted that the complainant had won a Sony Home Theatre as scratch and win prize but at that time the stock of Sony Home Theatre was out of stock with the 2nd opposite party. Therefore, the complainant was asked to choose any other Home Theatre available with the 2nd opposite party and the complainant had selected the Zebronic Home Theatre to his satisfaction and when the complainant had filed this complaint, a Sony Home Theatre was given by the opposite party on 30.05.2015 and the complainant had accepted the same. It is contended that no unfair trade practice had been committed by the 2nd opposite party and the 2nd opposite party had never committed any default of the terms and conditions printed on the overleaf of the order Booking/Commitment check list. It is submitted that no loss or mental agony suffered by the complainant. Hence, the complainant is not entitled to get any compensation or any additional expenses or costs of the proceedings from the 2nd opposite party. Therefore, the 2nd opposite party sought for the dismissal of the complaint with exemplary costs to the 2nd opposite party. 4) The issues settled for the consideration of this Forum are as follows: Issue No. (i) : Whether the complaint is maintainable before this Forum? Issue No. (ii) : Whether the complainant has proved deficiency in service on the part of the opposite parties?
Issue No. (iii) : Whether the complainant is entitled to get the gold coin, corporate offer, refund of the advance amount or to get Sony Home Theatre as offered by the opposite parties? Issue No. (iv): Whether the opposite parties are liable to pay compensation and costs of the proceedings to the complainant? The evidence in this case consisted of the oral evidence of the complainant as PW1 and the documentary evidence marked as Ext. A1 to A6 on the side of the complainant. The opposite parties neither adduced any oral evidence nor any documentary evidence. The complainant in person and the counsel for the 2nd opposite party were heard on 17.01.2017. Issue No. (i) The 2nd opposite party contained that no cause of action had arisen to file this complaint before this Forum. In the version filed by the 2nd opposite party itself, it is submitted that the complainant had booked a Maruti Wagon R car and there were offers like gold coin, scratch and win prize and Rs.3,500/- as corporate offer since the booking was made by the complainant before 30.09.2014 and that the scratch and win prize of Sony Home theatre was delivered after filing this complaint. The above facts show that there was proper cause of action as on the date of filing this complaint before this Forum. The 1st issue is decided in favour of the complainant. 8) Issue No. (ii) & (iii) Ext. A1- cash receipt dated on 24.09.2014 issued by the 2nd opposite party – Indus Motor Company Pvt. Ltd. goes to show that the complainant had paid an amount of Rs. 1000/- towards booking advance for purchasing Wagon R Lxi red car. Exbt. A2 is the proforma invoice dated on 25.09.2014 showing the receipt of Rs.413,950/- from the complainant by the 2nd opposite party after adjusting consumer offer of Rs. 33,000/-. Exbt. A3 is the receipt dated on 01.10.2014 issued by the 2nd opposite party showing that the 2nd opposite party received Rs.413,950/- by pay order No. 698608 dated on 01.10.2014. The case of the complainant is that the 2nd opposite party had informed the complainant is that if the booking of the car is made before 30.09.2014 such customer will get a gold coin or Rs.2500/-, scratch and win prize and Rs.3,500/- as corporate offer. The complainant won the scratch and win prize of Sony Home theatre. The 2nd opposite party in its version stated that the above amounts were paid by adjusting an amount of Rs. 33,000/-. It is also admitted by the 2nd opposite party that the complainant was provided with Zebronic Home theatre instead of Sony Home theatre since the Sony Home Theatre was out of stock at that time. Thus the deficiency in service on the part of the 2nd opposite party is proved by the complainant in not providing the Sony Home theatre. However the complainant deposed that after filing this complaint, the Zebronic Home Theatre was taken back by the 2nd opposite party and Sony Theratre was delivered to the complainant. Thus, the grievances of the complainant except the refund request of the advance amount of Rs. 1000/- were redressed by the 2nd opposite party. At the time of argument the complainant claimed a refund of handling charge collected by the 2nd opposite party. In the absence of a prayer to that effect we are not inclined to order any refund of the handling charges. We find that the complainant is, however, entitled to get refund of Rs.1,000/- collected by the 2nd opposite party as advance amount for booking Maruti Wagon R car. The 2nd opposite party is directed to refund Rs.1000/- to the complainant which amount was collected as advance amount vide Exbt. A1 receipt dated 24.09.2014. 9) Issue No. (iv)
In the facts and circumstances of the case, we are not inclined to award any compensation since the grievances of the complainant except the refund of advance amount of Rs.1000/- were redressed by the 2nd opposite party. It is seen that there was considerable delay in delivering the scratch and win prize to the complainant. The complainant has to spent his valuable time and money for the contest of the case. Therefore we find that the complainant is entitled to get the costs of the proceedings which we fix at Rs. 2,000/-. In the result the complaint is partly allowed and we direct as follows: The 2nd opposite party shall refund Rs.1,000/- collected as advance booking amount to the complainant. The 2nd opposite party shall also pay Rs.2,000/- towards costs. The above amounts shall be paid within 30 days from the date of receipt of a copy of this order.
Pronounced in the open Forum on this the 31st day of January 2017.
Sd/- Beena Kumari, V.K., Member Sd/- Cherian K. Kuriakose, President. Sd/- Sheen Jose, Member. Forwarded/By Order Senior Superintendent. APPENDIX Complainants Exhibits Exbt. A1 | :: | Cash receipt No. 14-15/1287 dated 24.09.2014 | Exbt. A2 | :: | Copy of proforma invoice dated 25.09.2014 | Exbt. A3 | :: | Cash receipt No. 14-15/1358 dated 01.10.2014 | Exbt. A4 | :: | Copy of reg. Notice with acknowledgment card dated 14.11.2014 | Exbt. A5 | :: | Postal receipts 2 nos. | Exbt. A5 | :: | Copy of Order Booking/Commitment Check from Indus Motor Co. Pvt. Ltd. |
Opposite party's Exhibit : Nil Deposition: PW 1 : R.V. Martin Date of Despatch of this Order :: By Post :: By Hand …............................. |
