Haryana

Yamunanagar

CC/181/2014

Rajinder Kumar s/o Sh.Hans Raj - Complainant(s)

Versus

M/s Kanav Motors Pvt. Ltd. - Opp.Party(s)

Y.C.Tyagi

13 Jun 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA NAGAR

                                                                        Complaint No. 181 of 2014.

                                                                        Date of institution:01.04.2014

                                                                        Date of decision: 13.06.2016.

 

Rajinder Kumar Uppal aged about 43 years s/o Sh.Hans Raj, resident of village-Dosarka (Sirasgarh), P.O.Dheen, tehsil Barara, District Ambala.

            …Complainant.

                                                     Versus

1.         M/s Kanav Motors Pvt. Ltd. (Authorised dealer of Ford Figo Car) having its showroom and workshop at 483/C-IV, Old Court Road, Jagadhri, Distt. Yamuna Nagar through its Proprietor/Partner/Incharge.

2.         M/s Kanav Motors Pvt. Ltd. (Authorised Dealer of Ford Figo Car) having its showroom and workshop at 483/C-VI, old Court Road, Jagadhri, Distt. Yamuna Nagar through its Proprietor/Partner/Incharge.

                                                                                                …Respondents.

 

 

Before: SH. ASHOK KUMAR GARG…………….. PRESIDENT.

            SH. S.C.SHARMA………………………….MEMBER.

 

Present:  Sh. Y.C.Tyagi, Advocate, counsel for complainant.  

               Sh.Vikas Aggarwal, Advocate, counsel for respondents.     

 

ORDER

 

1.                     The present complaint has been filed under section 12 of the Consumer Protection Act 1986 praying therein that respondents (herein after referred as Ops) be directed to pay Rs.10,000/- on account of Exchange offer on purchase of new vehicle and to pay compensation and litigation expenses.

2.                     Brief facts of the present complaint, as alleged by the complainant, are that the Ops No.1 & 2 are authorized dealers in District Yamuna Nagar and Karnal for selling the cars of Ford company.  In the month of October-2013 the Ops offered some attractive and promotional schemes to the customers, who were interested in purchasing the new cars.  In this scheme the OP No.1 held Exchange Mela to provide certain bumper offers of discount and Gold coin etc.  The complainant having old car make Indigo CS Model 2008 bearing registration No.HR-54/1956 in well running condition, so the respondent no.1 allured the complainant to take the benefits of exchange offer in which the official of OP No.1 assured to give Gold Coin (or to adjust the price thereof in the new car price).  Besides this the official of OP no.1 also assured to give discount and also to pay a sum of Rs.10,000/- to the complainant as Exchange bonus.  The complainant on believing the OP No.1 becomes ready to purchase the new car.  The officials of the OP No.1 assessed the value of car of the complainant as Rs.1,60,000/- and the complainant was asked to give all the documents of his old car to them and the same were provided to the official of OP No.1.  As per the assurance, the complainant purchased new car make Ford Figo model-1.4, TDCI, Diamond White, ZXI BSIV from OP No.1 vide invoice no.10774 dated 15.10.2013 in exchange offer of his old car make Indigo CS.  After negotiation and adjustment of amount of Gold coin and discount etc. the vehicle was Rs.5,44,900/- out of which Rs.1,60,000/- was adjusted as price of old car and an amount of Rs.34,900/- was paid in cash by the complainant and rest of the amount Rs.3,50,000/- was got financed by the complainant from M/s Sundaram Finance Co. In this way the complainant paid total amount of vehicle in question to OP No.1 but the OP No.1 delivered the above said new vehicle to the complainant under the seal of OP No.2 for the reason best known to him.  At the time of exchange offer the Op No.1 assured the complainant that the amount of exchange bonus i.e. Rs.10,000/- will be sent/transferred by the OP No.2 in the account of complainant.  Accordingly, the OP No.1 obtained Photostat copy of bank pass book of the complainant having Saving Account no.10537024427 in State bank of India, Brara.  The complainant waited for sufficient time but the Ops did not sent/transferred the amount of Rs.10,000/- despite several visits in the office of OP No.1 and after waiting for more than four months, the complainant got served a Legal Notice through his counsel on 17.2.2014 but the Ops made a vague and false reply of the legal notice on 27.2.014 that the complainant did not submitted the transferred R.C. of his old vehicle to the OP No.1 and they denied to pay the amount of Exchange bonus.  So, there is deficiency in service on the part of OPs. Hence, this complaint.

3.                     Upon notice, Ops appeared and filed its written statement by taking some preliminary objections such as complaint is not maintainable being false and frivolous, not a consumer dispute, no liability, since the complainant is not fulfilled the exchange bonus terms vide which he was to submit the copy of RC of the vehicle duly transferred within 60 days and thereafter the Ops (dealer) has to submit the entire papers such as copy of RC, insurance payment receipt regarding transfer of fees to the manufacturer for clearing the exchange bonus from the manufacturer but in this case no such documents were provided by the complainant within time from the date of purchase of vehicle and that’s why his exchange bonus could not be released by the manufacturer; the complaint is not maintainable because the manufacturer has not been impleaded as necessary and proper party.  Although a legal notice was received on 17.2.2014 and a proper and detailed reply was sent to his Advocate and on merits reiterated the stand taken in the preliminary objections that there is no deficiency in service on the part of the Ops.   Lastly prayed for dismissal of complaint.

4.                     To prove the case, the complainant tendered into evidence short affidavit of complainant as Annexure CW/A and documents such as receipt dated 15.10.2013 for Rs.34900 as Annexure C-1, Receipt dated 15.10.2013 for Rs.160000/- as annexure C.2, Receipt dated 12.10.2013 as annexure C.3, copy of legal notice dated 17.2.2014 as annexure C.4, copies of Registered Ads. C.5 & C.6, Reply of legal notice dated 27.2.2014 as annexure C.7, Receipt issued by Registration Authority as annexure C.8, copy of NOC as annexure C.9, copy of form no.28 as annexure C.10, No objection certificate as annexure C.11, Receipt for submitting documents for transfer as annexure C.12 and closed his evidence.

5.                     On the other hand, counsel for the OPs tendered into evidence Terms of Exchange offer as annexure R.1 and closed the evidence on behalf of OPs Company.     

6.                     We have heard the learned counsel for both the parties and have gone through the pleadings as well as documents placed on file minutely & carefully.  Learned counsel for the complainant reiterated the averments made in the complaint and prayed for its acceptance whereas the counsel for the opposite parties reiterated the averments made in the reply and prayed for its dismissal.

7.                     It is not disputed that the complainant purchased new car make Ford Figo 1.4 TDCI Diamond White ZXI BSIV from the OP No.1 vide invoice No.10774 dated 15.10.2013 in exchange offer of his old car make Indigo CS.  It is also not disputed that out of total sale price an amount of Rs.1,60,000/- was not adjusted as price of old car, meaning thereby the complainant handed over his old car to the OP No.1 at the time of purchase of new car in exchange scheme.  It is also not disputed that possession of old was not handed over to the OP No.1 on the same day and further as per the requirement of the exchange scheme, the complainant also not handed over the requisite documents i.e. proof of ownership of old car which was stands in his own name and photo copy of pass book for transferring the amount of Rs.10,000/- on account of exchange scheme. 

8.                     Only plea of the Ops is that the complainant has not fulfilled the exchange bonus terms vide which he has to submit copy of R.C. duly transferred in the name of new customer within 60 days.  However, from the perusal of the annexure R.1, it is evident that exchange claim should be submitted within 90 days from the retail date, so the version of the Ops that the complainant has not fulfilled the terms and conditions of exchange offer vide which he has to submit copy of R.C. duly transferred in the name of new customer within 60 days is not tenable because the Ops has not disclosed in their written statement that on which date the complainant completed the formalities and submitted the documents.  In absence of these particulars, we are unable to presume that the complainant has not completed the formalities within the stipulated period.  Moreover, when the complainant handed over his old car on the same day and submitted all the documents to the OP No.1 then how the Op No.1 can blame to the complainant that there was any lapse on the part of the complainant.  Even no cogent evidence has been filed by the Ops in support of their stand taken in the written statement.  Mere filing of computer printed Exchange terms annexure R.1 which was not duly proved, it can not be held that Ops has discharged the onus to prove that there was no deficiency in service or unfair trade practice on their part.

9.                     In view of the circumstances noted above, we are of the considered view that an amount of Rs.10,000/- on account of exchange bonus scheme has illegally been withheld by the OP No.1 or his sister concern OP No.2, which constitute deficiency in service and unfair trade practice on the part of the Ops.

10.                   Resultantly, we partly allow the complaint of the complainant and direct the Ops to pay Rs.10,000/- along with interest @ 7% p.a. from the date of filing of this complaint till its realization and further to pay Rs.3,000/- as compensation and litigation expenses. Order be complied within a period of 30 days after preparation of copy of this order failing which complainant shall be entitled to invoke the jurisdiction of this Forum as per law. Copies of this order be sent to the parties concerned free of costs as per rules. File be consigned to the record room after due compliance.

Announced in open court.13.06.2016

                                                                                    (ASHOK KUMAR GARG)

                                                                               PRESIDENT

 

 

                                                                              (S.C.SHARMA)

                                                                               MEMBER.