C.C. No.239/2021

Ranjit Kumar Sambana,

S/o. Venu Gopala Naidu,

At Present- Qtr. No.D/44,

IFFCO Township, Musadia, Paradeep,

Dist.- Jagatsinghpur.                                                  ..………. Complainant

                                (Versus)

1. Narayani Motors Pvt. Ltd.,

217, Cuttack Puri Road,

Buddheswari Colony,

Bhubaneswar- 751006,

Represented by its Managing Director.

2. Maruti Suzuki India Ltd.,

Regd. Office: 1, Nelson Mandela Road,

Vasant Kunj, New Delhi- 110070,

Represented by its Managing Director. …..…..… Opposite parties

For Complainant ………..Mr. A. Samantaray & Associates

For O.P. No.1……….. Mr. K.C. Prusty & Associates

For O.P. No.2………..Mr. R. Agarwal & Associates

ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:

                                                                                            JUDGMENT

            Complainant has filed this consumer complaint U/s.35 of C.P. Act, 2019 seeking following reliefs;

            “Direct the opposite parties to supply a brand new Ertiga Zdi + vehicle which complainant had won in Lick-draw/Lottery held by the opposite party company without charging any extra amount and pay Rs.5,00,000/- towards mental agony along with cost”.

            The brief fact of the case is that, the complainant had purchased a Car (Maruti Dezire) on 08.3.2017 from the show room of the opposite party No.1 by paying the full consideration amount towards purchase price of the said Car. At the time of purchase of the above Car, the Manager of the opposite party No.1 handed over a Lucky Draw coupon to complainant in which the name and address of the complainant was duly filled up by the employee of the opposite party No.1 company. He was informed by the Manager of the opposite party No.1 that the manufacturer i.e. Maruti Suzuki India Ltd., will hold a Lottery amongst all the Lucky Draw Coupon holder and the winner of the Lottery will be gifted a Ertiga ZDI + vehicle. An employee of the opposite party No.1 namely Manisha vide her E-mail dtd.29.6.2017 sent to the complainant has congratulated the complainant by informing him that he has won a Ertiga Zdi + vehicle in lucky draw as per the scheme of that month from Maruti. Kindly confirm the choice of colour. The news of winning of lucky draw by the complainant was circulated among all the team members of the opposite party No.1 company by E-mail and in one such E-mail dtd.28.6.2017 it was mentioned that we as a team are also very happy to know that our one customer Mr. Ranjit Kumar sambana of Paradeep has won the lucky draw running under the scheme in March, 2017. As per the scheme he will get one Ertiga Zdi + as a gift from Maruti Suzuki India Ltd. very soon. 

            The opposite party No.1 filed written version stating as under;

            The complainant was quite surprised to find that instead of Ertige ZDI+ which the complainant has won in the lottery/lucky draw the opposite parties are changing their tone and now wants to deliver Ertige ZDI to him which is a vehicle of another model. The opposite also did not cited any reason for changing the same for which the complainant unhappy with the behavior of the opposite parties and felt insulted, then he has communicated the opposite parties vide his e-mail dtd.03.01.2018. But instead of clarifying the matter with the satisfaction of the complainant, the opposite parties closed the issue for which the complainant lodged complaint before the opposite parties vide No.CC6101104176 & CRM No.4104086423. The issue alleged by the complainant in between the complainant and the opposite party No.2 and communication also in between, hence the opposite party No.1 is no way concern.

            The opposite party No.2 filed written version stating as under;

            The complainant has purchased (Maruti Dzire) vehicle from opposite party No.1 and therefore under March Mega Celebration Scratch Card Scheme received the scratch card. The complainant was the lucky winner of Bumper lucky draw prize (Ertiga). As per the scheme the complainant has won Ertiga in Bumper lucky draw. However, the complainant somehow was communicated vide the email dtd.30.6.2017 by opposite party No.1 representative that he has won Ertiga ZDI+ in Bumper lucky draw. However, soon vide the email dtd.04.7.2017, same representative of opposite party No.1 issued by clarification with regard to vehicle details by writing back to the complainant that he has won Ertiga ZDI in Bumper lucky draw. The complainant asked to submit his confirmation, but kept mum. In every communication, opposite party No.2 had communicated to the complainant about winning Ertiga ZDI as bumper lucky draw and in customer interest kept on following the complainant for acceptance and delivery of the vehicle. Vide email dtd.10.8.2017 the complainant was communicated that he has won Ertiga as lucky bumper draw. He has also clarified that colour option for lucky draw gift would not be provided and 30% tax on show room price has to be borne by the complainant. The complainant was asked to issue the confirmation for the acceptance of the gift by 15.10.2017. The complainant vide the mail dtd.16.10.2017 declared that he is ready to accept the car and asked to give some time to arrange 30% tax amount. Vide the email dtd.30.10.2017. Opposite party No.2 representative communicated about Ertiga ZDI being the bumper lucky draw, show room price of the vehicle, requirement of payment of 30% of tax amount and submission of documents by 30.10.2017. The complainant kept mum, did not submit the required documents, and also did not pay the tax amount. The payment of tax amount was necessary for billing of the vehicle in name of complainant and vehicle delivery.  Again the complainant was finally reminded regarding the delivery of the lucky draw gift (Ertiga ZDI). The complainant vide the mail dtd.05.02.2018 asked for Ertiga ZDI+. Considering the complainant’s repeated request, opposite party No.2 considered his request and vide email dtd.05.02.2018 offered Ertiga ZDI+ to the complainant, provided the complainant pays differential extra amount (difference in amount between ZDI+ model and ZDI model) as lucky draw gift was Ertiga ZDI only. Even thereafter, the complainant kept mum and on one pretext or other, did not accept the bumper lucky draw prize and submitted the due tax amount. Finally, opposite party No.2 informed the complainant vide the email dtd.26.10.2018 that since he has failed to take/accept the Ertiga ZDI, the same stand cancelled/forfeited. 

            Complainant has paid consideration and payment towards the cost of Car and scratch card as such complainant is a consumer as defined U/s.2(7) of Consumer Protection Act, 2019.

            Complainant has not paid the Tax (30%) towards TDS which is mandatory under IT Act and complainant cannot put the blame entirely on opposite parties for their deficiency.

            Taking into consideration of the entirely of the matter we direct the complainant to pay the TDS amount as directed/required by opposite parties and opposite parties shall deliver the vehicle Maruti Ertiga ZDI+ within 45 days from the date of receipt of TDS amount. With the aforesaid observation and direction the consumer complaint is disposed of. No cost.

            Pronounced in the open Commission on this 24^th May, 2024.