Haryana

Ambala

CC/71/2014

HARBHAJ SAINI S/O MAI RAM - Complainant(s)

Versus

M/S EAKANSH WHEELS - Opp.Party(s)

PRASHANT GUPTA

23 Aug 2017

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

       Complaint Case No. : 71 of 2014

        Date of Institution    : 07.03.2014

          Date of Decision       : 23.08.2017

 

Har Bhaj Saini s/o Sh.Mani Ram Saini r/o Jind Tehsil & District Jind, now Advocate in District Courts Jind.

……Complainant.

 

Versus

 

1. M/s Eakansh Wheels, Authorized dealer of Maruti Suzuki, Jagadhari Road, Ambala Cantt. Ambala through its authorized dealers.
2. Sh.Pankaj Narula, Executive Director (Service), Maruti Suzuki India Limited, Palam Gurgaon Road, Gurgaon.
3. Jasvinder Sales Executive Officer of M/s Ekansh Wheels Jagadhri Road Ambala Cantt. Ambala.

……Opposite Parties.

 

Complaint Under Section 12 of the Consumer Protection Act.

 

BEFORE:       SH.D.N.ARORA,PRESIDENT.

                        MS. ANAMIKA GUPTA,MEMBER.

                        SH.PUSHPENDER KUMAR,MEMBER.

                       

Present:          Sh. Shekhr Bansal, Adv. for complainant.

                        Sh. U.S.Chauhan, counsel for the OP No. 1.

                        None for Op No.2 (Reply received by post)

                        OP No.3 already given up vide order dated 20.03.2015.  

 

ORDER

 

                        In nutshell, brief facts of the present complaint are that representative of OPs met the complainant and asked him about scheme qua providing of gifts, gold coin and a lucky coupon if a new Maruti car is purchased till 31.03.2013. On believing this, the complainant booked a Wagon R car and paid Rs.5,000/- on 18.03.2013 and finally purchased the Wagon R car bearing Model MRD chasis No.MA3EDE1500547377, Engine No.K10BN7240372 on 26.03.2013. After purchase, a coupon was handedover to the complainant and on scratching he found four days and three night tour program to any destination of India besides a bag and a wrist watch. The representative of OPs assured that the al the four items would be provided within a short span. Thereafter the complainant received a parcel containing a bag and a wrist watch but he has not received gold coin and tour coupon, though it was assured to him that the rest items would also be provided soon. The complainant made many telephonic calls to OPs and also requested to provide rest of the items but to no avail, therefore, he go served legal notice dated 05.10.2013 upon the Ops but it also fell on deaf ears.  The act and conduct of the OPs clearly amounts to deficiency in service and unfair trade practice.

2.                     On notice, OP No.1 appeared and filed its reply wherein it has been submitted that present complaint is bad on account of non-joinder of necessary party as for any disputes qua redeeming the holiday offer the responsibility lies with Countrywide Network Pvt. Limited and the complainant has concealed the material facts from this Forum. The complainant was to register himself on internet after visiting at by submitting voucher booking request till 31.07.2013 but he failed to redeem his holidays by following the procedure. The complainant was never asked about any scheme of providing gold coin as no such scheme was floating at that time and no assurance was ever given for providing of four items within a week. As per clause 12 of the terms and conditions of complementary broacher Maruti Suzuki India Limited and its authorized dealers would not be held liable for any complaint/dispute qua holidays offer. The bag and wrist watch has already been delivered to the complainant. There is no deficiency in service on the part of OP No.1. Other allegations levelled in the complaint have been controverted and prayer for dismissal of the complaint has been made.

3.                     Reply of OP No.2 was received by post wherein it has been submitted that the complainant does not fall within the ambit of consumer as there was no privity of contract between the complainant and OP No.2 as it does not sell any vehicle directly to the customers. The relationship between OP No.2 and its dealers including Op No.1 is governed by provisions of Dealership Agreement executed between them and is based on principal-to-principal basis. Present complaint is not maintainable as OP No.2 has not committed any deficiency in service because the complainant has never paid any consideration/price of the vehicle to it. No sales promotion scheme was launched by OP No.2 and the vehicle was purchased by the complainant from Op no.1 after mutual settlement of terms and conditions of sale. Since no transaction has take place between OP No.2 and complainant, therefore, it is not liable to give gold coin, travel and stay expenses, compensation and interest etc. Lastly, prayer for dismissal of the complaint has been made.

3.                     To prove his version, counsel for complainant tendered affidavit of complainant as Annexure CX alongwith documents as Annexure C1 to C-3 and closed the evidence. On the other hand, counsel for OP No.1 tendered affidaivit as Annexure RX and documents as Annexure R1 to R3 and closed his evidence.

4.                     We have heard learned counsel for the parties and gone through the record very carefully.

5.                     It is not disputed that the complainant had purchased a new Maruti Wagon R car from OP No.1 on 26.03.2013. The main grouse of the complainant is that at the time of purchasing of the said car he was assured for providing four gift items (being promotional scheme) such as gold coin, wrist watch, bag and a scratch coupon which was having four days three night tour program to any destination of India being complementary as per scheme published in news paper Ambala Kesri on 15.03.2013 and broacher Annexure R1 issued by OPs but the Op No.1 has only provided wrist watch and bag.

6.                                 On the other hand the OP No.1 has come with the plea that the complainant was to register himself on internet after visiting at by submitting voucher booking request till 31.07.2013 for redeeming the holidays package but he failed to redeem the same by following the procedure within stipulated period, therefore, there was no deficiency in service on the part of Ops. It has been further argued no assurance to the complainant was ever given for providing of gold coin and even neither such scheme was published in news paper nor the same was mentioned in broacher Annexure R1.

7.                     Undisputedly, the complainant had purchased a Wagon R Maurti Car from OP No.1 on 26.03.2013 and it is also not disputed that the complainant had received a bag and wrist watch from the OPs as per scheme provided by Op No.1.

8.                     The terms and conditions for redeeming the Holiday package as mentioned in Annexure R1 are as under:

1. Please visit at on or before the sub mission date to redeem the holiday voucher.

2. Please register yourself with Promotional Code, Coupon number and Contact details.

3.  After registration, please submit your preferred destinations and check-in dates in the online booking Form.

4.  Please courier original holiday voucher, printout of booking form and other required documents (if any) at the mentioned address in the booking form.

5.   For any clarifications, please call at 08041624158-59-60 from 10.30 am to 5.30 pm during working days (Monday to Saturday) or email.

6.  Please read “offer information” and “Terms and Conditions” carefully for details.

Offer information:

a)…………..

b) Last date to submit Holiday Booking Request 31.07.2013 and last date to utilize Hotel Accommodation 30.09.2013.

 

9.                     The plea of complainant that the OPs have not provided gold coin despite assurance is not sustainable because no such scheme for providing of gold coin on the purchase of a new Maruti car has been mentioned in the broacher Annexure R1. The complainant is also ceased to raise the plea that the Ops have been deficient in providing four days and three night tour program to any destination of India because after scratching the coupon it was necessary for him to follow the procedure/terms and conditions duly mentioned in Annexure R1 but he has failed to do so till 31.07.2013. The present complaint was filed on 07.03.2014 after around eight months of expiry of the period for redeeming the holidays as mentioned in Annexure R1, therefore, the complainant cannot be allowed to take undue advantage of the benevolent provisions of Consumer Protection Act for the wrongs done by him. Accordingly, we hereby dismiss the present complaint leaving the parties to bear their own costs. Copy of the order be sent to the parties concerned, free of costs, as per rules.  File after due compliance be consigned to record room.

 

Announced on: 23.08.2017                                                            (D.N.ARORA)

                                                                                                  PRESIDENT

 

 

                                                                             (ANAMIKA GUPTA)

                                                                                        MEMBER

 

 

                                                                                               

 

                                                                                    (PUSHPENDER KUMAR)

                                                                                                MEMBER