Orissa

Cuttak

CC/97/2015

Ramesh Alli Beshant - Complainant(s)

Versus

M/s PMG Motors - Opp.Party(s)

R B Mohapatra

21 Apr 2017

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

C.C No.97/2015

 

Ramesh Alli Beshant,

Res. of Plot No.2D/310,Sector-XI,Abhinaba Bidanasi,

C.D.A,PO:Cuttack-753015,

City & Dist:Cuttack.                                                                   … Complainant.

 

                Vrs.

 

1.        Authorised Dealer of M/s. PMG Motors,,

Show Room At:Satichoura,Chandini Chowk,

Cuttack,City& Dist:Cuttack.

 

2.        Managing Director,

       M/s. Premier Motor Garage (PMG),

47,Phase-1,Ind Area, Industrial Area,

Chandigarh.                                                                               … Opp. Parties.

 

Present:              Sri Bichitra Nanda Tripathy, Presiding Member.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:   11.09.2015

Date of Order: 21.04.2017.

 

For the complainant:       Sri R.B.Mohapatra,Advocate & Associates.

For the  O.Ps.             :      Sri R.Ray,Adv. & Associates.

 

Sri Bichitra Nanda Tripathy,Presiding Member.

                The complaint is against unfair trade practice on the part of O.Ps.

1. The case of the complainant is that the complainant purchased a two wheeler i.e. YAMAJHA GYGNUS ALPHA vide invoice No.314/1415 dt.21.08.2014 from O.P No.1 which was under hypothecation with O.P No.3.  At the time of purchase of such two wheeler the O.P No.1 had flouted a lucky coupon for gift in the name and style promotion code No.YAMAHA, TTO.  The complainant was provided with a coupon No.21609 at the time of purchase and after it was scrapped it was seen for a three days holiday voucher with certain terms and conditions as stipulated by India Yamaha Motor Pvt. Ltd.  On purchase of Yamaha scooter such gift coupons were provided to the purchaser with scratch and win provision during the offer period throughout India except Tamil Nadu during the period from 01.06.2014 to 30.09.2014. ( copy of retail invoice vide annexure-1, copy of insurance certificate vide Annexure-2, copy of other allied documents vide annedure-3, copy of gift coupon voucher No.21609 vide Annexure-4).  The complainant approached several times to O./P No.1 for availing the gift, even if assurance was given by O.P No.1, it found to be false.  The complainant served legal notice on O.P No.1 (Annexure-5)  vide Regd. Post (Annexure-6) and the net tracking (Annexure-7) but it yielded no result.  The complainant observed that O.Ps 1 & 2 attracted the customers with false assurance before purchase of such two wheeler and after the same was purchased they forgot their promise made for the purpose.  Finding no other way, the complainant has taken shelter under this Hon’ble Forum.  He has prayed for a compensation of Rs.1,00,000/- and a sum of Rs.30,000/- towards litigation expenses.
2. Vide written brief dt.10/.12/2015 the O.P No.1 has stated that the complainant is not entitled to any relief as claimed since he has not paid any consideration in order to avail the gift and he has not followed or complied the terms and conditions as stipulated by India Yamaha Motors Pvt. Ltd. for availing such gift.  O.P No.1 has admitted that at times the India Yamaha Motor Pvt. Ltd. declares package/gift to attract the customers and to promote sales.  The dealers accordingly promotes sales as per guidelines of the Company but so far  the gifts and any package is concerned the same is given by the company and the dealer only implements the same. O.P No.1 has also admitted that the complainant had purchased a YAMAHA CYGNUS ALFA from O.P No.1 on 21.08.2014 got a 3 days/2 nights Holiday voucher on scratch subject to fulfillment of terms and conditions as stipulated by the company.  Since the complainant was supposed to make direct correspondence with the company and not with the dealer-O.P.1 is not at all responsible for the purpose.  Since the complainant has not complied to the terms and conditions as laid down to avail such benefits under the scheme he is not entitled to get such benefits.
3. We have gone through the case in details and perused the documents as filed by the complainant and as well as by O.P No.1.  O.P No.1 has filed the written version but not participated in hearing.  O.P No.2 did not attend the case nor filed any written version.  There is no specific complain of the complainant   against O.P No.3.  We have observed that the complainant has purchased a two wheeler from O.P No.1 on 21.08.2014 vide invoice No.314/14-15 for a price of Rs.50,321/-.  The complainant was allotted a coupon.  He scrapped the said coupon No.21609 and was entitled for a holiday voucher for 3 days and 2 nights as per conditions as specified by the company i.e. the India Yamaha Motors Pvt. Ltd. &  some of such conditions were given by the complainant vide Annexure-G were as follows:-

                                     How to redeem your Gift/Holiday voucher

1. Please visit at http://click2redeem.com on or before the submission date as mentioned in the terms and conditions.
2. Please enter your Promotional Code: YAMAHA _TTO & Coupon No.
3. Please register yourself with complete postal address and contact numbers.
4. Send this original Scratch Card, printout of Request Form(generated online), photocopy of Product Invoice and Rs.100/- towards Handling Charge to Countrywide Network Pvrt. Ltd.,2-04,Chiranjiv Tower,43 Nehru Place, New Delhi-11—19.
5. Please read all the terms and conditions mentioned herein.
6. For any clarifications, please call us at our Helpline Nos.08041624158-59-60 from 10.00 am to 06.00 pm during working days(Monday to Saturday) or email us at support @cnpl.asia.

                               

It is observed that the complainant has not done the needful as per instructions given for availing such gift vouchers. The Complainant has not taken any step relating purpose of redeeming the holiday voucher rather he has only issued a legal notice on O.P No.1 i.e. the Authorized Dealer.

                Since the complainant has not followed the instructions as given by the O.P, Company relating to “how to redeem the holiday voucher” and also has not taken any step for the same, the unfair trade practice on the part of O.Ps was not proved by the complainant.

ORDER

                Basing on the facts and circumstances as stated above and to meet the ends of justice, we have observed that the complainant failed to prove the unfair trade practice on the part of O.Ps.  Hence the case is dismissed.

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 21^st day of April,2017 under the seal and signature of this Forum.

 

                                                                                                                                       (Sri B.N.Tripathy )

                                                                                                                                      Presiding Member.

 

                                                                                                                                               

                                                                                                                                           (Smt. Sarmistha Nath) 

                                                                                                                                        Member(W).