BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAS NAGAR, MOHALI
Consumer Complaint No.712 of 2014
Date of institution: 23.12.2014
Date of Decision: 06.10.2015
Om Parkash son of Late Baksha Ram resident of H.No.390, Sector 46-A, Chandigarh.
……..Complainant
Versus
M/s. Joshi Automobiles Ltd., C-117, Indl. Focal Point, Phase-VII, SAS Nagar, Mohali.
………. Opposite Party
Complaint under Section 12 of the
Consumer Protection Act, 1986.
CORAM
Mrs. Madhu. P. Singh, President.
Shri Amrinder Singh Sidhu, Member
Mrs. R.K. Aulakh, Member.
Present: Shri Amandeep Singh, counsel for the complainant.
None for the OP.
(Mrs. Madhu P. Singh, President)
ORDER
The complainant has filed the present complaint seeking following directions to the OP to:
(a) pay him Rs.10,000/- alongwith interest @ 18% per annum.
(b) pay him Rs.10,000/- on account of loss incurred by him.
(c) pay him Rs.10,000/- for deficiency in services.
(d) pay him Rs.20,000/- as costs of litigation.
The complainant booked i10 Magna car with the OP on 20.09.2012 by paying Rs.25,000/- against discount scheme of Rs.25,000/- (Rs.20,000/- as exchange offer + Rs.5,000/- as corporate discount. The vehicle was to be delivered to him on 22.10.2012 on his marriage anniversary. The complainant was contacted by representative of the OP who asked him to take delivery of the vehicle before 28.09.2012 for getting more special discount of Rs.5,000/-, i.e. the total discount of Rs.30,000/-. Special discount offer of Rs.5,000/- was also advertised by the OP in the Tribune on 27.09.2012. The representative of the OP asked the complainant to deposit full amount before 28.09.2012 for the discount of Rs.30,000/- which was to be released by the company to the complainant within 90 days from submission of documents. Accordingly, the complainant deposited the full balance amount of the vehicle on 27.09.2012 and got the delivery of the vehicle on 27.09.2012 itself. The complainant submitted the requisite documents with the OP in December, 2012 and he was informed that he would get the discount of Rs.30,000/- during the last week of March, 2013. Complainant contacted the representative of the OP in the last week of March, 2013 who told him that the discount would be given to him in last week of April, 2013 but in the last week of April, 2013 he was again informed the discount would be given in the last week of May, 2013. On 31.05.2013 the dealing official of the OP informed the complainant that the discount of Rs.20,000/- was being released instead of Rs.30,000/- and the complainant was asked to send scanned copy of RC and insurance of the vehicle at the e-mail address and that he would get the balance discount amount of Rs.10,000/- after 45 days of sending the above documents. The complainant sent these scanned documents on 03.06.2013. Cheque dated 15.06.2013 of Rs.20,000/- was given to the complainant on 24.06.2013 and he was told that balance payment of Rs.10,000/- would be given to him in the first week of July, 2013. Mr. Deepak Girdhar, Senior Manager of the OP told the complainant on 11.07.20-13 that it would take minimum two months time to make balance payment of Rs.10,000/-. The complainant contacted Mr. Deepak Girdhar, Senior Manager of the OP on 11.09.2013 and he informed that the balance discount amount of Rs.10,000/- shall not be paid to him. The complainant served a legal notice to the OP on 28.10.2013 for payment of Rs.10,000/- being the balance discount followed by reminder dated 17.01.2014 but the OP did not release the aforesaid balance amount. With these allegations the complainant has filed the present complaint.
2. After admission of the complaint, notice was sent to the OP. The OP in the preliminary objections of its written statement has pleaded that the complainant has suppressed material facts. The complainant has been given the discounts as per the commitment and as per the scheme prevalent at that time. The complainant was given cash discount of Rs.61,289/-, free insurance coverage of Rs.5120/-, accessories worth Rs.2092/- and promised exchange bonus of Rs.20,000/-, totaling Rs.88,500/-. Thus, no cause of action has arisen in favour of the complainant against the OP. On merits, it is pleaded that the claim is always processed after submission of documents and payment was made after approval from Hyundai Motors. There is no balance amount of discount. The complainant has never contacted the OP for the same. Denying any deficiency in service on its part, the OP has sought dismissal of the complaint against it.
3. To succeed in the complaint, the complainant tendered in evidence affidavit Ex.CW-1/1 and copies of the documents Ex.C-1 to C-7.
4. Evidence of the OP consists of affidavit of Sanjay Minhas, its General Manager Ex.OP-1/1.
5. After closure of evidence by the OP, the matter was fixed for arguments on 03.08.2015 and the parties were directed to file written arguments two days before the date fixed. However, none appeared for the OP since 03.08.2015 and thereafter and also no written arguments have been filed on its behalf. We have heard the learned counsel for the complainant and gone through the written arguments filed by him.
6. The disputed question in the present complaint is regarding non release of promised exchange bonus of Rs.30,000/- by the OP when the complainant purchased a new car from the OP. As per the complainant he was promised Rs.30,000/- as exchange bonus whereas the OP has released only Rs.20,000/- and retained Rs.10,000/-. The non release of Rs.10,000/- is alleged to be an act of deficiency in service and unfair trade practice on the part of the OP.
7. The OP in its written statement has admitted the promise of exchange bonus of Rs.20,000/- and not Rs.30,000/- as alleged by the complainant. The promised bonus has already been paid to the complainant and therefore, there is no deficiency in service and unfair trade practice on the part of the OP.
8. In order to prove the promise of exchange bonus of Rs.30,000/- the onus lies on the complainant. The perusal of documents clearly shows that nowhere such written promise has been made by the OP. The complainant has relied upon newspaper advertisement Ex.C-1 wherein the OP has promised to avail additional Rs.5,000/- on exchange/loyalty and special offer for defence personnel etc. showing various discounts on the purchase of vehicle before 30th September. The perusal of Ex.C-1 clearly shows that on the purchase of vehicle i10 Magna the complainant was offered the total savings of Rs.49,000/- plus Rs.5,000/- and as per the calculation sheet against the total vehicle cost of Rs.4,32,689/- the and after keeping all the components, the total amount comes to Rs.3,75,000/-. As per the complainant he has paid Rs.3,61,961/- against the retail invoice for purchase of i10 car on exchange of his old vehicle. As per the invoice the complainant has given discount of Rs.63,710/-. No where from the invoice or the newspaper clipping as relied upon, the figure of exchange bonus of Rs.30,000/- as claimed by the complainant is depicted. Another document relied upon by the complainant i.e. the commitment check list shows exchange bonus as Rs.20,000/-. As per complainant’s own admission he has received Rs.20,000/- as exchange bonus from the OP.
9. Regarding disputed amount of Rs.10,000/- the complainant has failed to prove any promise made by the OP while purchase of new car with an exchange offer of old car. Therefore, in the absence of any cogent evidence of promised amount of Rs.10,000/-, the grievance of the complainant is ill founded and is without any basis.
10. Thus, the complaint being devoid of any merit is hereby dismissed. Certified copies of the order be furnished to the parties forthwith free of cost and thereafter the file be consigned to the record room.
Pronounced.
October 06, 2015.
(Mrs. Madhu P. Singh)
President
(Amrinder Singh Sidhu)
Member
(Mrs. R.K. Aulakh)
Member
