KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUDTHIRUVANANTHAPURAM APPEAL NO.214/09 JUDGMENT DATED 03.08.2010 PRESENT JUSTICE SHRI.K.R.UDAYABHANU -- PRESIDENT SRI.S.CHANDRAMOHAN NAIR -- MEMBER Mrs.Sali Joseph (reptd Joy K.T Husband) -- APPELLANT Nivya Nagar – 54, Kaloor, Cochin, Pin 682017. Vs. 1. M/s.Popular Motor World, NH Byepass, Vytilla, Cochin, Pin 682019. 2. National Customer Relations Manager, Hundai Motor India Ltd, A-30, Mohan Ind. Co-Op.Area, Phase-1, Mathura Road, -- RESPONDENTS New Delhi, Pin-110044. 3. The Regional Manager South, HMI Ltd, NP 554, Dev Plot, Ekkalathungal, Thiru-Vika Industrial Estate, Chennai, PIN-600 032. (R1 by Adv.Reghukumar) JUDGMENT JUSTICE SHRI.K.R.UDAYABHANU: PRESIDENT The appellant is the complainant in CC.358/07 in the file of CDRF, Ernakulam. The appellant is under orders directing the respondents/3rd opposite party to disburse the exchange of bonus of Rs.10,000/- to the complainant, if she submits the report or certificate of dismantling or the document pertaining to transfer of the old car and also cost of Rs.500/-. 2. The complainant had submitted subsequent IA.302/09 to review the above part of the order. According to the complainant it will not be possible to obtain the particulars of the old car from the RT Office as a person who purchased dismantled the same. He is engaged in the business of purchasing old cars and dismantling the same and selling the parts. 3. 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 be entitled for the exchange bonus. Evidently, the complainant had produced only copy of the RC book before transfer. The complainant has also produced along with the IA 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. The case stands posted before the Forum on 30.9.2010. The office will forward the copy of this order to the Forum urgently. JUSTICE K.R.UDAYABHANU -- PRESIDENT S.CHANDRAMOHAN NAIR -- MEMBER | 
