KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM. APPEAL No. 676/2009 JUDGMENT DATED: 08-07-2010 PRESENT: JUSTICE SHRI. K.R. UDAYABHANU : PRESIDENT SHRI.S. CHANDRAMOHAN NAIR : MEMBER Bejoy Frederic, S/o Frederick, Eden House, Kallikkad, Pallippuram.P.O, : APPELLANT Palakkad Taluk, Palakkad-678 006. (By Adv:Sri.Sain Paul Alunkal) Vs. 1. Palghat Automotive (P) Ltd., 5/428. Marutharode, Koottupatha, Palakkad, Kerala-678 007. : RESPONDENTS 2. Hyundai Motors India Ltd., Regd. Office, Plot No.H1. SIPCOT, Industrial Park, Sri.Perumbadur, Chennai-602 105. JUDGMENT JUSTICE SHRI. K.R. UDAYABHANU: PRESIDENT The appellant is the complainant in CC.28/09 in the file of CDRF, Palakkad. The complaint filed claiming the exchange bonus of Rs.10,000/- stands dismissed. 2. It is the case of the complainant that in view of the exchange offer of a bonus of Rs.10,000/- the complainant exchanged his old Maruthi 800 car to the opposite parties and purchased a new Hyundai i10 car. But the exchange bonus was not provided. He sent lawyer notice to which no reply was received. He has claimed a sum of Rs.10,000/-; cost of Rs.6000/- and compensation of Rs.25,000/-; altogether Rs.41,000/-. 3. The 2nd opposite party/manufacturer stood exparte. 4. The 1st opposite party/dealer has filed version contending that the RC of the transferred old vehicle was submitted only on 14/11/2008 although the new car was registered on 1/7/2008. As per the scheme the entire papers should be forwarded to 2nd opposite party within 3 months from the date of purchase. It is the case of the 1st opposite party that hence the complainant is not entitled for the exchange bonus. It is also noted that the 2nd opposite party/manufacturer had credited Rs.10,000/- being the exchange bonus to the 1st opposite party’s account subject to the confirmation of date in the RC book. It is mentioned that the 1st opposite party has made arrangements to return the amount of Rs.10,000/- to the 2nd opposite party. 5. The evidence adduced consisted of the proof affidavits of the respective sides and Exts.A1 to A4 and B1 to B3. 6. The Forum dismissed the complaint on the ground that the complainant has not taken any steps to call for any document to show that the old vehicle has sold by the 1st opposite party and hence the 1st opposite party has caused delay in the sale of the vehicle. 7. The opposite parties/Respondents stood exparte before this Commission. 8. We find that the 1st opposite party/dealer being in the party array and contesting the matterI it is for the 1st opposite party to produce the required documents in its custody. Whatever be the same, the scheme envisages handing over of the old vehicle along with the RC book etc to the dealer at the time of purchase of the new car. It is for the dealer to see that the old vehicle is sold if the 1st opposite party wants the same to be sold. Once the vehicle and RC documents are handed over to the 1st opposite party dealer and the dealer has accepted the same the rest has to be performed by the dealer and not by the complainant who has handed over the possession of the old vehicle along with the relevant documents. It is for the dealer to see that the old vehicle is disposed of etc. It appears that the dealer has even received the amount from the manufacturer. But because of the fact that the old vehicle was transferred not within a period of 3 months the exchange offer cannot be availed is the contention of the 1st opposite party. We find that the above contention cannot be countenanced as the complainant has parted with the possession of the vehicle to the dealer. In the circumstances the order of the Forum is set aside. The opposite parties are directed to pay Rs.10,000/- the offered exchange bonus to the complainant along with compensation of Rs.7500/- and cost of Rs.2,500/- with interest at the rate of 12% on Rs.17500/- from 5/3/2009the date of complaint. If the amounts are not paid within 3 months from the date of receipt of this order the complainant would be entitled for interest at 18% per annum from today. The appeal is allowed as above. The office is directed to forward the LCR to the Forum along with along with the copy of this order to the Forum. JUSTICE K.R. UDAYABHANU: PRESIDENT VL. S. CHANDRAMOHAN NAIR : MEMBER | 
