DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD<br /> <br /> Dated this the 31st day of August 2007.<br /> <br /> Present : Prof.O.Unnikrishnan, President in charge<br /> Smt.K.P.Suma, Member<br /> C.C.No.121/2006<br /> O.V. Pathrose<br /> S/o.Late O.P. Varkey<br /> Ovungamalil House<br /> Koranchira P.O<br /> Konnackal Kadave<br /> Kizhakkenchery<br /> Alathur Taluk<br /> Palakkad - Complainant<br /> <br /> V/s<br /> <br /> 1. M/s. KTC Automobiles Pvt Ltd <br /> YMCA Road<br /> Kozhikkode.<br /> <br /> 2. E.R. Mridhul<br /> Sales consultant<br /> KTC Automobiles Pvt Ltd<br /> 26/190(1) Vithuni Road<br /> Palakkad. - Opposite party <br /> <br /> O R D E R<br /> <br /> By Smt.K.P. Suma, Member<br /> <br /> The complainant in this complaint states that he had purchased one Santro Xing car from the opposite parties, Palakkad show room vide Invoice No.200500498 dated 21.10.2006, under an exchange scheme offered by the opposite parties whereby the complainant had exchanged his Maruti Omni Van during the purchase.<br /> - 2 -<br /> It is further stated in the complaint that as per the exchange scheme offered by the opposite parties, the benefits including free Insurance, apart from free accessories worth Rs.10,000/- and Rs.10,000/- as exchange bonus were promised. The complainant had accepted the scheme and purchased the Santro Xing car by exchanging his Maruti Omni Van.<br /> <br /> The complainant in his allegation further states that the opposite parties had provided all other benefits, during purchase, except the exchange bonus of Rs.10,000/-. At the time of delivery of the vehicles they had promised to pay the exchange bonus ofRs.10,000/- within a period of two months as undertaken by the 2nd opposite party in the order booking form. Moreover they had not stipulated any other conditions or norms for availing the exchange bonus.<br /> <br /> The complainant alleges that thereafter he had approached the opposite parties several times demanding the exchange bonus of Rs.10,000/-and they avoided him by stating some lame and flimsy reasons. It is averred that at the time of booking and delivery of the car, had made him to believe that the exchange bonus of Rs.10,000/- would be paid within a period of two months. As the complainant had completed all the formalities required by the opposite parties, in time he had to issue a lawyer notice to the opposite parties on 22.06.2006 demanding to comply with the promise undertaken by them. The opposite parties replied to the lawyer notice stating false and untenable contentions. <br /> <br /> It is also stated in the complaint that he would have entered into the transaction if he was aware about the fraudulent intention of the opposite parties. The complainant suffered loss due to the act of the opposite parties. .<br /> - 3 - <br /> The opposite parties had attracted him by making attractive exchange schemes and made him to believe that all the benefits would be provided and thereby induced him to exchange his Maruti Omni Van resulting in purchasing the new car. It is alleged that they were changing their foot by deviating from their earlier commitments which could be tolerated. The complainant had exchanged the vehicle and purchased the car believing to get all the benefits offered by them. The complainant alleges that they had not paid any attention to the grievance of the complainant even though he had approached them repeatedly.<br /> <br /> The said act of the opposite parties amounts to deficiency in service and unfair trade practice. Having aggrieved the complaint was filed before this Forum to pass an order directing the opposite parties to pay Rs.10,000/- to the complainant being the exchange bonus for the Santro Xing car purchased by him and to pay Rs.2,000/- towards compensation for the mental agony & hardship suffered by him.<br /> <br /> After admitting the complaint notice was served to opposite parties for <br /> their appearance and filing version.<br /> <br /> Counsel appeared before this forum and filed version . The opposite party in their version admitted that the complainant had purchased a Santro Xing car vide invoice No.200500498 dated 21.10.2005, under exchange scheme by exchanging his Maruti Omni Van during the purchase. The offered benefits while exchanging were fulfilled by them except the exchange bonus.<br /> <br /> It is further stated that they had the condition to be fulfilled by the complainant to avail exchange bonus. The complainant has to submit invoice <br /> - 4 -<br /> copy of new car, R C copy of the new car, R C copy of old car and transferred copy of the old car. The said facts were bought to the notice of the complainant at the time of purchase. According to the opposite parties the complainant had not submitted the required documents within the period of 60 days from the date pf purchase. It is averred that the RC Book of the vehicle exchanged was in the name of one Disouza and the new car was in the name of the complainant. The complainant was not legally eligible for the exchange bonus of Rs.10,000/-.<br /> <br /> The opposite parties contended that they had not changed their foot as alleged in the complaint and there was no deficiency of service or unfair trade practice on their part. Therefore the complainant was not legally entitled to get any relief sought in the complaint .<br /> <br /> It is prayed that the contentions of the opposite parties may kindly be uphold and the complaint be dismissed with costs.<br /> <br /> Both parties filed affidavits as well as document. Ext.A1 to A7 marked on the side of the complainant and Ext.B1 to B3 on the side of opposite party. Evidence was closed. Heard both the parties and perused the relevant documents as record.<br /> <br /> The fact is that the complainant had purchased one Santro Xing Car from the opposite parties on 21.10.2005 under the exchange scheme and also exchanged one Maruthi Omni van for availing the exchange offer. The allegations of the complainant is that the opposite parties had failed to pay the exchange bonus of Rs.10,000/- within a period of two months from the date of sale of the said car as undertaken by the 2nd opposite party in the <br /> - 5 -<br /> order booking form marked as Exhibit A6. According to the opposite parties , the RC book of the vehicle exchanged was in the name of Sri. Disouza and the new car purchased was in the name of Sri. Pathrose, the complainant. But the name and address of the customer in the copy of the RC book of the old car should be the same and the name and address of the new car in order to satisfy the conditions of exchange scheme. The opposite parties had produced two documents marked as Exhibit B1 and B2 to substantiate their contentions. But the complainant objected the marking of the said documents which were photostat copies and hence fabricated and concorted for the purpose of this complaint. The argument of the complainant is that the 2nd opposite party had endorsed the undertaking in the order booking form on 22.05.2005 and the same was written, signed and affixed with seal by 2nd opposite party in his own handwriting. At the same time he was unaware about the new conditions which were not brought to his knowledge at the time of purchase.<br /> <br /> It is noticed that the opposite parties had offered free insurance, free accessories worth of Rs.10,000/- and exchange bonus of Rs.10,000/-. The opposite parties had already provided free insurance and free accessories worth Rs.10,000/- and promised to pay the exchange bonus within two months from the date of sale.<br /> <br /> It is an admitted fact that the complainant had purchased Santro Xing Car from opposite parties under exchange scheme and exchanged one Omni Van to the opposite parties. They also executed a part of the exchange scheme. There is no relevant document on record to prove that the conditions as mentioned in the Exhibit B1 and B2 marked with objections were intimated to the complainant before or at the time delivery of the new vehicle. It is very strange to believe that the opposite parties had accepted the old vehicle – <br /> - 6 -<br /> Omni Van without perusing the details recorded in the R C Book. We are of the view that the opposite parties ought to have returned the old vehicle to the complainant and cancelled the booking order under exchange scheme when the different names were seen entered in the relevant records. Instead, the opposite parties had preferred not to pay the exchange Bonus to the complainant. By doing so, they have adopted a deceptive practice which resulted in deficiency of service on their part. In the result the complaint is allowed.<br /> <br /> The opposite parties are directed to pay jointly and severally to the complainant an amount of Rs.10,000/- being the exchange Bonus payable to the complainant and to pay a sum of Rs.1000/- as compensation towards mental agony suffered by the complainant along with Rs.500/- as costs within a period of one month from the date of communication of this order, failing which the complainant is entitled to get the whole amount plus interest @ 9% per annum from the date of order till realization.<br /> <br /> Pronounced in the open court on this the 31st day of August 2007 <br /> <br /> <br /> President in charge (Sd)<br /> <br /> Member (Sd) <br /> APPENDIX<br /> Exhibits marked on the side of the complainant<br /> Ext.A1 – Invoice issued by opposite party for purchase of Santro car<br /> Ext.A2 – Copy of the Lawyer notice <br /> Ext.A3 – Reply notice <br /> - 7 - <br /> Ext.A4 – Photocopy of R C Book of Santro car<br /> Ext.A5 –Advertisement in the news paper in Malayala Manorama dated 19.10.05<br /> Ext. A6- Order booking form.<br /> Ext . A7 series – Postal receipts and acknowledgment of Lawyer notice.<br /> <br /> <br /> <br /> Exhibits marked on the side of the opposite party <br /> Ext. B1 – Conditions for exchange Bonus<br /> Ext. B2 – Inter Office memo issued from Sales Officer, Thrissur<br /> Ext. B3 – Reply Notice (copy) B1 and B2 marked with objections since it was<br /> photocopy. <br /> <br /> Costs (allowed)<br /> Rs.500/- (Rupees Five hundred only) allowed as costs to the complainant <br /> <br /> <br /> Forwarded/By Order, <br /> <br /> Sd/-<br /> <br /> Senior Superintendent <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />