By Sri. Chandran Alachery, Member:
The complaint filed under section 12 of Consumer Protection Act for an order directing the issue 2 grams of gold coin and to pay Rs.50,000/- as compensation and Rs.5,000/- as cost of the proceedings.
2. Complaint in brief:- The complainant booked a maruthi Ritz LDI car with the Opposite Party on 01.09.2014 and paid Rs.3,000/- as booking amount. The Complainant remitted the balance amount towards the price on 15.09.2014 and purchased the car. The Complainant booked for the car due to the advertisement of Opposite party in Mathrubumi publication on 29.08.2014 stating that “ celebrate this Onam with maruthi with better offers including gold”. Additional assured Gifts on every purchase 2 grams gold coins +Sony Home theatre system”. After purchase the Opposite Party denied the offer of 2 grams of gold coin to the complainant. The Complainant demanded the 2 gold from Opposite Party but Opposite Party refused. So the Complainant send lawyer notice to the Opposite Party demanding the gold. Though Opposite Party accepted the notice but not paid the gold. The act of Opposite Party amounts to unfair trade practice and aggrieved by this the complaint is filed.
3. On receipt of complaint, notice issued the Opposite Party and the Opposite Party appeared before the Forum and filed version. In the version of Opposite Party the Opposite Party admitted that Complainant booked for the car. But not on 01.09.2014. The Complainant booked the vehicle on 09.09.2014. The Complainant booked for the vehicle not by seeing the advertisement in news paper dated 29.08.2014. In the advertisement, it is clearly stated that the offer is valid up to 31.08.2014. The Complainant booked the vehicle after the expiry of offer date. The Complainant is not entitled to get the offer.
4. On perusing the complaint, documents and version, the Forum raised the following points for consideration.
1. Whether there is deficiency of service from the part of Opposite Party?
2. Relief and cost.
5. Point No.1:- The Complainant filed proof affidavit and is examined as PW1 and documents are marked as Exts.A1 to A5. The Opposite Party had no oral evidence and no documents is marked as Opposite Party's side. Ext.A4 is the booking order form. Ext.A4 shows that the booking is done on 09.09.2014. Ext.A1 is the News Paper advertisement in Mathrubhumi Daily given by Opposite Party dated 28.08.2014 which shows that 2 grams of gold coin will be offered for the purchase of the maruthi cars and the offer is valid for 4 days only. Another publication in Mathrubhumi daily dated 22.09.2014 given by Opposite Party which shows that 2 grams of gold coin offer will be given for further 3 days only. On going through these two advertisements, it is seen that there was an offer on 28.08.2014 stating that the offer is for 4 days ie offer is valid up to 31.08.2014. The Complainant booked for the vehicle on 09.09.2014. Another publication dated 22.09.2014 shows that the offer is for 3 days ie up to 30.09.2014. The Complainant sent lawyer notice on 29.10.2014 demanding the offer gold coin from Opposite party. In between 01.09.2014 to 21.09.2014, whether the offer is existing or not is best known to the Opposite Party. The Forum is of the opinion that it will create a doubt or confusion in the minds of customers. The Complainant cannot be blamed if he is confused by seeing this advertisement. Opposite Party did not adduce any oral evidence. So by annalysing the entire evidence, the Forum is of the view that giving confusing advertisements in the news papers for the purpose of canvasing sales by the Opposite Party itself is an unfair trade practice from the part of Opposite Party. So the Forum found that there is deficiency of service from the part of Opposite Party. Point No.1 is found accordingly.
6. Point No.2:- Since point No.1 is found in favour of Complainant, the Complainant is entitled to get cost and compensation.
In the result, the complaint is partly allowed and the Opposite Party is directed to give 2 grams of gold coin to the Complainant or its value prevailed at the time of booking of the car with Rs.1,000/- (Rupees One thousand) only as compensation and Rs.1,000/- (Rupees One Thousand) only as cost of the proceedings. The Opposite Party shall comply the order within 30 days from the date of receipt of this order failing which the Complainant is entitled to get 12% interest for the whole sum.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 29th day of June 2015.
Date of Filing:04.12.2014.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:
Nil
Witness for the Opposite Party:
Nil
Exhibits for the complainant:
A1. Receipt. dt:15.09.2014.
A2. Receipt. dt:15.09.2014.
A3. Receipt. dt:10.09.2014.
A4. Copy of Order Booking Commitment Checklist.
A5. Copy of Advertisement.
Exhibits for the opposite Party.
Nil.
