MRS. NEENA SANDHU, MEMBER

1.     This is an appeal filed by the complainant against order dated 14.1.2010 passed by District Consumer Disputes Redressal Forum-I, UT, Chandigarh (for short hereinafter to be referred as District Forum) passed in complaint case No.1334 of 2009.

2.     The brief facts of the case are that the complainant purchased Hyundai I-10 Car from OP No.1 vide invoice No. H200800807 dated 18.10.2008 for Rs.4,28,204/- under an offered inter alia exchange bonus of Rs.15,000/-. The amount of Rs.15,000/- was to be paid to the complainant by the OPs on production of RCs of the new car and that of the old car. On 9.12.2008, the complainant submitted all the documents to OP No.1, as required for payment of exchange bonus of Rs.15,000/-. The complainant had made several visits to the OP No.1 for the bonus of Rs.15,000/- but the OP No.1 did not make any payment.  On the above said act of the OPs amounts to deficiency in service and unfair trade practice. Hence, the complaint was filed. 

3.        Reply was filed by the OPs in which the OPs submitted that the complainant was offered exchange bonus of Rs.15,000/- with the terms that some requisite documents were to be submitted within 110 days from the date of purchase of the said car, as the same were required to be sent for onward delivery to the manufacturer. It was pleaded that some documents were submitted by the complainant within the stipulated time i.e. within 110 days but the transfer certificate of the said car was not submitted within the stipulated time and due to which as per the terms and conditions of the exchange bonus, the complainant was not eligible for the exchange bonus. Hence, there is no deficiency in service and unfair trade practice on the part of OPs and prayed for dismissal of the complaint with costs.

4.     The parties led their evidence in support of their contentions.  

5.     The District Forum dismissed the complaint as there was no merit in the complaint.

6.        Aggrieved by the order passed by the learned District Forum, the present appeal has been filed by the complainant. We have gone through the grounds of appeal, perused the impugned order passed by the learned District Forum, also perused the documents and after hearing Sh.Anant Kataria, learned counsel for the appellant, we have observed that the appellant had purchased Hyundai I-10 Car from the respondent vide invoice No. H200800807 dated 18.1.2008 for Rs.4,28,204/- under an exchange bonus offer of Rs.15,000/- which was to be paid to the appellant by the respondents, on production of RC of new car and production of transfer certificate of the old car. These documents were to be submitted by the appellant within 110 days of the purchase of the new car, as the same were required to be sent for onward delivery to the manufacturer. It is evident that the appellant has submitted some of the documents within stipulated time but the transfer certificate of the old car was not submitted in time by the complainant i.e. within 110 days. The contention of the respondent is that the RC of the old car duly transferred in the favour of Ms.Meenu was submitted on 24.8.2009 and not on 9.12.2008 as alleged by the appellant. A perusal of the annexure 2 shows that the RC of the old car duly transferred in the name of Ms.Meenu was delivered on 15.12.2008 and therefore the question of handing over the duly transferred  RC, in favour of Ms.Meenu on, 9.12.2008 did not arise.

8.        There is an endorsement on this annexure-2 showing that the original registration was received on 24.8.2009 by the respondents. It is therefore clear that this document was submitted by the appellant to the respondent on 24.8.2009 and not on 9.12.2008, as the documents were not submitted by the appellant within a stipulated period of 110 days. Hence, he is not entitled for the exchange bonus as the time for claiming exchange bonus has already expired. The learned District Forum has rightly dismissed the complaint and no interference is called for. Consequently, the appeal filed by the appellant has been dismissed in limini as devoid of any merit.

9.        Copies of this order be sent to the parties, free of charge.

Pronounced.                                                           Sd/-

26^th February, 2010.