BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM VAZHUTHACAUD : THIRUVANANTHAPURAM PRESENT:
SHRI. G. SIVAPRASAD : PRESIDENT SMT. BEENA KUMARI. A : MEMBER SMT. S.K. SREELA : MEMBER C.C.No. 35/2009 Filed on 9/2/2009
Dated: 31..07..2009
Complainant: Sreekumaran, Sankara Sadanam, T.C.40/1096, Sreevaraham, Manacaud-P.O., Thiruvananhapuram.
(By Advs. Renjith. A & Sandhya V.K)
Opposite parties:
1.M/s. Hyundai Motor India Ltd., A-30, Mohan Co-operative Industrial Estate, Mathura Road, New Delhi, Pin: 110 044.
2. M/s. Hilton Hyundai, (Authorised dealers for Hyundai Vehicles) Zion, N.H By-pass Road, Eanchakkal, Vallakkadavu-P.O., Thiruvananthapuram-695 008.
This O.P having been heard on 09..07..2009, the Forum on 31..07..2009 delivered the following:
ORDER
SMT. S.K. SREELA, MEMBER: Brief facts of the complaint are the following: Lured by the assurances and believing the offers assured by the opposite parties, the complainant purchased a Hyundai i-10 car from the 2nd opposite party on 15/4/2008. The final offers assured by the 2nd opposite party were Basic + underbody coating + mats and flaps + perfume + steering grip + exchange bonus of Rs. 10,000/- (on production of RC book of complainant's old vehicle). The complainant surrendered his R.C book (old one) to the 2nd opposite party on 15/4/2008 and all other offers were availed except the offer of availing Rs.10,000/- as exchange bonus. Though the complainant approached the 2nd opposite party several times for receiving the exchange bonus, all his attempts were in vain and hence this complaint seeking reliefs for the deficiency in service and unfair trade practice on the part of the opposite parties. 2. Inspite of acceptance of notice from the Forum, the opposite parties did not turn up and hence they were set ex-parte.
3.The complainant has adduced evidence by filing affidavit in lieu of chief examination, Exts.P1 to P14 were marked on his behalf. Opposite parties have not cross examined the complainant and hence his affidavit stands unchallenged. 4. The following points are raised for consideration:
Whether there is any unfair trade practice or deficiency in service on the part of the opposite parties? Whether the complainant is entitled for the reliefs claimed in the complaint?
5. Points (i) & (ii): The documents on record prove the purchase of one Hyundai i-10 Magna, by the complainant by paying an amount of Rs.4,04,394/-. The complainant alleges that, the 2nd opposite party had assured certain offers which were not given to the complainant accordingly at the time of purchase or even after that till now. According to the complainant the 2nd opposite party had offered Basic + underbody coating + mats and flaps + perfume + steering grip + exchange bonus of Rs. 10,000/- (on production of RC book of complainant's old vehicle) and though the complainant had surrendered his R.C book (old one) to the 2nd opposite party on 15/4/2008 itself, all the offers were given except the offer of Rs.10,000/- as exchange bonus. 6. As per Ext.P1, the order booking form, certain conditions have been printed regarding eligibility for Exchange Bonus. The complainant has sworn in the affidavit filed in lieu of chief examination that he had surrendered his R.C Book relating to the old car to the 2nd opposite party on 15/4/2008 itself and even after that he has not been given the exchange bonus. The opposite parties have neither turned up to deny the allegation put forward by the complainant nor have they filed their version contending the allegations levelled against them in the complaint. As the complainant has not been cross examined, his sworn statement stands uncontroverted. The opposite parties have not enlightened the Forum regarding the non payment of exchange bonus. In the above circumstance, considering the affidavit and the documents produced by the complainant, this Forum finds that the complainant has succeeded in proving his complaint and has established that the allegation levelled against the opposite parties, as genuine. 7. Accordingly, complainant is found entitled for refund of Rs.10,000/- from the opposite parties. The complainant has been unnecessarily made to suffer for the deficient act of the opposite parties for which the complainant has to be compensated and we find Rs.3,000/- as reasonable compensation for the same. Complainant is also found entitled for Rs.2,000/- towards costs of the proceedings.
In the result, the complaint is allowed and the opposite parties are directed to refund Rs.10,000/- (Rupees Ten thousand only) along with Rs.3,000/- (Rupees three thousand only) as compensation and Rs.2,000/- (Rupees two thousand only) towards costs of the proceedings within a period of one month from the date of the order, failing which the entire amount mentioned above shall carry interest @ 12%.
A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 31st day of July, 2009.
S.K. SREELA, MEMBER.
G. SIVAPRASAD, PRESIDENT.
BEENA KUMARI.A, MEMBER. ad.
CC.No.35/2009 APPENDIX
Complainant's witness: NIL
Complainant's documents:
P1 : Photocopy of order booking form (customer copy) of the 2nd opp. Party P2 : Photocopy of proforma invoice No.3271 dated 26/3/2009 of the 2nd opp. Party. P3 : " Bankers cheque No.882631 dated 28/3/2008 of IOB, Power House Branch, Tvpm. P4 : " advance receipt dated 29/3/2008 issued by 2nd opp. Party. P5 : " letter showing offers assured to complainant by the 2nd opp. Party. P6 : " temporary certificate of registration dated 15/4/08 P7 : " Form-22 issued by the 1st opp. Party to the complainant. P8 : " sale certificate issued by the Asst. Manager, Kollam of the 2nd opp. Party. P9 : " vehicle sales bill dated 15/4/2008 issued by the 2nd opp. Party. P10 : " Insurance certificate issued by the New India Assurance co.Ltd. P11 : " certificate of Registration of vehicle No.KL-01- AS-8118 dated 6/11/2008 P12 : " Lawyer's notice issued to the 1st opp. Party dated 6/11/2008
P13 : " postal receipts and acknowledgement cards.
P14 : "reply notice dated 24/11/2008 issued to the complainant.
III. Opposite parties' witness: NIL
IV. Opposite parties' documents: NIL
PRESIDENT.
ad.
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM VAZHUTHACAUD : THIRUVANANTHAPURAM PRESENT:
SHRI. G. SIVAPRASAD : PRESIDENT SMT. BEENA KUMARI. A : MEMBER SMT. S.K. SREELA : MEMBER C.C.No. 35/2009 Filed on 9/2/2009
Dated: 31..07..2009
Complainant: Sreekumaran, Sankara Sadanam, T.C.40/1096, Sreevaraham, Manacaud-P.O., Thiruvananhapuram.
(By Advs. Renjith. A & Sandhya V.K)
Opposite parties:
1.M/s. Hyundai Motor India Ltd., A-30, Mohan Co-operative Industrial Estate, Mathura Road, New Delhi, Pin: 110 044.
2. M/s. Hilton Hyundai, (Authorised dealers for Hyundai Vehicles) Zion, N.H By-pass Road, Eanchakkal, Vallakkadavu-P.O., Thiruvananthapuram-695 008.
This O.P having been heard on 09..07..2009, the Forum on 31..07..2009 delivered the following:
ORDER
SMT. S.K. SREELA, MEMBER: Brief facts of the complaint are the following: Lured by the assurances and believing the offers assured by the opposite parties, the complainant purchased a Hyundai i-10 car from the 2nd opposite party on 15/4/2008. The final offers assured by the 2nd opposite party were Basic + underbody coating + mats and flaps + perfume + steering grip + exchange bonus of Rs. 10,000/- (on production of RC book of complainant's old vehicle). The complainant surrendered his R.C book (old one) to the 2nd opposite party on 15/4/2008 and all other offers were availed except the offer of availing Rs.10,000/- as exchange bonus. Though the complainant approached the 2nd opposite party several times for receiving the exchange bonus, all his attempts were in vain and hence this complaint seeking reliefs for the deficiency in service and unfair trade practice on the part of the opposite parties. 2. Inspite of acceptance of notice from the Forum, the opposite parties did not turn up and hence they were set ex-parte.
3.The complainant has adduced evidence by filing affidavit in lieu of chief examination, Exts.P1 to P14 were marked on his behalf. Opposite parties have not cross examined the complainant and hence his affidavit stands unchallenged. 4. The following points are raised for consideration:
Whether there is any unfair trade practice or deficiency in service on the part of the opposite parties? Whether the complainant is entitled for the reliefs claimed in the complaint?
5. Points (i) & (ii): The documents on record prove the purchase of one Hyundai i-10 Magna, by the complainant by paying an amount of Rs.4,04,394/-. The complainant alleges that, the 2nd opposite party had assured certain offers which were not given to the complainant accordingly at the time of purchase or even after that till now. According to the complainant the 2nd opposite party had offered Basic + underbody coating + mats and flaps + perfume + steering grip + exchange bonus of Rs. 10,000/- (on production of RC book of complainant's old vehicle) and though the complainant had surrendered his R.C book (old one) to the 2nd opposite party on 15/4/2008 itself, all the offers were given except the offer of Rs.10,000/- as exchange bonus. 6. As per Ext.P1, the order booking form, certain conditions have been printed regarding eligibility for Exchange Bonus. The complainant has sworn in the affidavit filed in lieu of chief examination that he had surrendered his R.C Book relating to the old car to the 2nd opposite party on 15/4/2008 itself and even after that he has not been given the exchange bonus. The opposite parties have neither turned up to deny the allegation put forward by the complainant nor have they filed their version contending the allegations levelled against them in the complaint. As the complainant has not been cross examined, his sworn statement stands uncontroverted. The opposite parties have not enlightened the Forum regarding the non payment of exchange bonus. In the above circumstance, considering the affidavit and the documents produced by the complainant, this Forum finds that the complainant has succeeded in proving his complaint and has established that the allegation levelled against the opposite parties, as genuine. 7. Accordingly, complainant is found entitled for refund of Rs.10,000/- from the opposite parties. The complainant has been unnecessarily made to suffer for the deficient act of the opposite parties for which the complainant has to be compensated and we find Rs.3,000/- as reasonable compensation for the same. Complainant is also found entitled for Rs.2,000/- towards costs of the proceedings.
In the result, the complaint is allowed and the opposite parties are directed to refund Rs.10,000/- (Rupees Ten thousand only) along with Rs.3,000/- (Rupees three thousand only) as compensation and Rs.2,000/- (Rupees two thousand only) towards costs of the proceedings within a period of one month from the date of the order, failing which the entire amount mentioned above shall carry interest @ 12%.
A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 31st day of July, 2009.
S.K. SREELA, MEMBER.
G. SIVAPRASAD, PRESIDENT.
BEENA KUMARI.A, MEMBER. ad.
CC.No.35/2009 APPENDIX
Complainant's witness: NIL
Complainant's documents:
P1 : Photocopy of order booking form (customer copy) of the 2nd opp. Party P2 : Photocopy of proforma invoice No.3271 dated 26/3/2009 of the 2nd opp. Party. P3 : " Bankers cheque No.882631 dated 28/3/2008 of IOB, Power House Branch, Tvpm. P4 : " advance receipt dated 29/3/2008 issued by 2nd opp. Party. P5 : " letter showing offers assured to complainant by the 2nd opp. Party. P6 : " temporary certificate of registration dated 15/4/08 P7 : " Form-22 issued by the 1st opp. Party to the complainant. P8 : " sale certificate issued by the Asst. Manager, Kollam of the 2nd opp. Party. P9 : " vehicle sales bill dated 15/4/2008 issued by the 2nd opp. Party. P10 : " Insurance certificate issued by the New India Assurance co.Ltd. P11 : " certificate of Registration of vehicle No.KL-01- AS-8118 dated 6/11/2008 P12 : " Lawyer's notice issued to the 1st opp. Party dated 6/11/2008
P13 : " postal receipts and acknowledgement cards.
P14 : "reply notice dated 24/11/2008 issued to the complainant.
III. Opposite parties' witness: NIL
IV. Opposite parties' documents: NIL
PRESIDENT.
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