BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,

ERNAKULAM.

Date of filing : 19/11/2010

Date of Order : 29/02/2012

Present :-

Shri. A. Rajesh, President.

Shri. Paul Gomez, Member.

Smt. C.K. Lekhamma, Member.

C.C. No. 612/2010

Between

And

O R D E R

A. Rajesh, President.

1. Briefly stated, the facts of the complainant's case are as follows :

On 13-10-2009, the complainant purchased a car from the 1^st opposite party which was manufactured by the 2^nd opposite party. The 1^st opposite party assured to give Rs. 15,000/- by way of exchange offer to the complainant. As per the offer, the complainant was to sell his old car and to produce the R.C. Book after effecting the change of ownership of the complainant. Accordingly, the complainant requested the 1^st opposite party to disburse the exchange offer, but they failed to keep their words stating that the period for claim was already over. On 11-02-2010, the complainant issued a notice to the 1^st opposite party, since there was no response. The complainant caused to issue a lawyer notice on 29-09-2010 to which the 1^st opposite party replied stating untenable contentions. The complainant is entitled to get the exchange offer of Rs. 15,000/- with 12% interest together with compensation of Rs. 10,000/-. This complaint hence.

2. The version of the 1^st opposite party :

The exchange bonus of Rs. 15,000/- is offered by the manufacturer of the vehicle. The 1^st opposite party being the dealer is only the channelizing agency to facilitate the payment of exchange bonus presented by the manufacturer. As per the scheme of the manufacturer, the complainant ought to have satisfied the condition to submit the R.C. Book of the old car with the name of the transferee endorsed in the R.C. Book of the old car within 105 days from the date of invoice of new car. The complainant has produced the same after the lapse of 105 days. There is no negligence or deficiency in service on the part of the 1^st opposite party.

3. The defense of the 2^nd opposite party :

The terms of the exchange bonus clearly stipulated that the transfers of the old car had to be effected with upto 30 days before or upto 105 days of the new car invoicing. The claims for exchange bonus offer must be received at the head quarters of the 2^nd opposite party within 120 days from the date of invoicing of the vehicle along with the following documents :

1. New car invoice

2. New car registration certificate

3. Old car registration certificate before transfer in same and same address.

4. Old car registration certificate after transfer.

The complainant failed to fulfill the condition within specified period. It was the duty of the 1^st opposite party to explain all the terms and conditions of exchange bonus to its customers. Even if it is considered that all the terms and conditions were not explained by the 1^st opposite party to the complainant, the 2^nd opposite party cannot be held responsible for the fault of the 1^st opposite party. The complaint is devoid of any merit and liable for dismissal.

4. The witness for the complainant was examined as PW1 and Exts. A1 to A10 were marked on the side of the complainant. The witness for the 1^st opposite party was examined as DW1 and Ext. B1 was marked. No oral evidence was adduced by the 2^nd opposite party. Exts. B2 to B5 were marked on their side. Heard the representative of the complainant and the learned counsel for the opposite parties.

5. The points that arose for consideration are :-

1. Whether the complainant is entitled to get the exchange bonus from the opposite parties?

2. Whether the opposite parties are liable to pay Rs. 10,000/- by way of compensation to the complainant?

    

6. Point No. i. :- Admittedly, the complainant purchased a car from the 1^st opposite party which was manufactured by the 2^nd opposite party evidenced by Ext. A9 invoice.

7. According to the 1^st opposite party, as per the exchange bonus scheme, the complainant ought to have satisfied the condition to submit the R.C. Book of the old car with the name of the transferee endorsed in the R.C. Book of the old car within 105 days from the date of invoice of the new car. Admittedly, nothing is on record to show that the 1^st opposite party had intimated or conformed the above conditions to the complainant at the time of sale of the car. DW1, the witness for the 1^st opposite party had deposed before this Forum that he had only orally intimated the terms and conditions of the exchange bonus to the complainant. Neither the 1^st opposite party dealer nor the 2^nd opposite party manufacturer substantiate in this Forum that they had conveyed the terms and conditions of exchange bonus to the complainant which goes in favour of the complainant and amounts to deficiency in their service.

8. In view of the above, the opposite parties are contractually and legally liable to pay the exchange bonus of Rs. 15,000/- to the complainant together with interest @ 9% p.a.

9. Point No. ii. :- The complainant has had to run from pillar to post to get his grievances redressed. The proceedings of this Forum shows it is true which necessarily calls for compensatory costs which we only to fix at Rs. 5,000/-.

10. In the result, we partly allow this complaint and direct as follows :

1. The opposite parties shall jointly and severally pay Rs. 15,000/- (Rupees Fifteen thousand only) to the complainant with 9% interest p.a. from the date of complaint till realisation.

2. The opposite parties shall jointly and severally pay a compensation of Rs. 5,000/- (Rupees Five thousand only) to the complainant for the reasons stated above.

The order shall be complied with, within a period of one month from the date of receipt of a copy of this order.

Pronounced in open Forum on this the 29^th day of February 2012

Forwarded/By Order, Sd/- A. Rajesh, President.

Sd/- Paul Gomez, Member.

Sd/- C.K. Lekhamma, Member.

Senior Superintendent.

A P P E N D I X

Complainant's Exhibits :-

Opposite party's Exhibits :-

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