BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,

ERNAKULAM.

Date of filing : 22/11/2007

Date of Order : 22/07/2011

Present :-

Shri. A. Rajesh, President.

Shri. Paul Gomez, Member.

Smt. C.K. Lekhamma, Member.

C.C. No. 358/2007

Between

 

And

O R D E R

A. Rajesh, President.

1. The case of the complainant is as follows :-

The complainant has purchased a brand new Santro Xing car from the 1st opposite party, which was manufactured by the 3^rd opposite party. The 3^rd opposite party has offered an exchange bonus of Rs. 10,000/-, if the complainant sells her old car and submits the photocopies of RC book and the new car was required to be registered in the same address. Accordingly, the complainant has disposed off her old car and handed over the copies of documents of old and new cars. But the 1^st opposite party said that the 3^rd opposite party would directly send the cheque to the complainant. In spite of repeated requests to the 3^rd opposite party by telephone and e-mail, they did not pay any attention. On 31-01-07, as directed by the 3^rd opposite party, the representative of the 1^st opposite party collected one more set of documents. Since there was no reply from the opposite parties, the complainant caused to issue registered letter to the 2^nd and 3^rd opposite parties. Thereafter the 2^nd opposite party informed that the Regional office, South will redress the grievance of the complainant. Hence this complaint seeking relief against the opposite parties claiming exchange bonus of Rs. 10,000/-, Rs. 2,000/- towards expenses incurred and Rs. 5,000/- as compensation for the delay and mental agony.

2. The 1^stopposite party filed version stating as follows:-

The 1^st opposite party admits the purchase of the car by the complainant. It is true that the 2^nd opposite party has offered an exchange bonus of Rs. 10,000/-, for which the complainant has to furnish copy of new car invoice, old car's RC book before exchange and old car's RC book after exchange and resale in 60 days. Further, these documents were to reach the 2^nd opposite party within 180 days from the date of purchase. In spite of repeated demands, the complainant has failed to submit the documents though the period of 180 days was extended to 15-12-07. Hence the complainant has become disentitled for exchange bonus. The 1^st opposite party requests the dismissal of the complaint with compensatory cost.

3. The 2^nd and 3^rd opposite parties filed version contending as follows:-

The exchange bonus was payable subject to the submission of following documents.

1. New car invoice

2. New car registration certificate

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

address.

4. Old car registration certificate after transfer.

The said documents were required to be submitted at the head quarters of 2^nd and 3^rd opposite parties within 180 days and the transfer of old car was to be effected within 60 days from the date of invoice of the new car. Despite several requests, the complainant has failed to submit the documents. Further, as a gesture of goodwill the time limit was extended to the advantage of the complainant. The 2^nd and 3^rd opposite parties submits that the complaint is devoid of any merit and deserves dismissal.

4. This Forum vide order dated 31-07-2008 partly allowed the complaint. The operative portion of the order is as follows :

“Accordingly, this complaint is allowed and direct that,

i) the 3^rd opposite party shall disburse the exchange bonus of Rs. 10,000/- to the complainant, if she submits the report or certificate of dismantling or the document pertaining to transfer of ownership issued by the concerned authority, within 30 days from the date of submission of the same.

ii) the 3^rd opposite party shall pay litigation costs of Rs. 500/- to the complainant.”

5. Against which the complainant preferred appeal before the Hon'ble Kerala State Consumer Disputes Redressal Commission. The Hon'ble Commission vide order in Appeal No. 214/2009 dated 03-08-2010 held as follows :

“The matter is with respect to not providing the exchange bonus of Rs. 10,000/-. According to the opposite parties the complainant should have produced the particulars and records of the disposal of the old car and only then she will he entitled for the exchange bonus. Evidently, the complainant had produced only copy of the RC book before the transfer. The complainant has also produced along with the I.A. a certificate from the purchased that the old car purchased by him has been dismantled and sold as scrap. As per the conditions of the exchange bonus, the complainant has to produce evidence with respect to the sale of the old car. Hence there is no illegality in the order of the Forum as such. All the same, and in view of the fact that the complainant has submitted that it is not possible to get the particulars from the RT Office, we find that the Forum can help the complainant to obtain the particulars. The Forum can direct the RTO to provide the particulars before the Forum. It has also be noted that what is required so far as the opposite party is concerned is only evidence with respect to the sale of the old car within the time specified.

In the circumstances, the matter is remitted back to the Forum. The Forum will issue notice to both sides and also summon the concerned records from the office of the RTO and dispose of the matter.”

6. In furtherance of the above order, we have directed the R.T.O., Kakkandu to produce the documents pertaining to transfer/dismantling of the car bearing Registration No. KL-7C/6955. The R.T.O., Kakkanadu has produced the registration particulars of the vehicle. The registration particulars goes to show that the husband of the complainant is the registered owner of the vehicle even as on 23-04-2011.

7. In the above circumstances, the condition attached to our earlier order has become impossible for fulfillment as it is obvious that the ownership is vested still with the husband of the complainant. In view of that, the complaint is disposed off accordingly.

Pronounced in open Forum on this the 22^nd day of July 2011.