Date of filing : 17-05-2014
Date of order : 15-07-2014
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.96/2014
Dated this, the 15th day of July 2014
PRESENT:
SMT.P.RAMADEVI : PRESIDENT
SMT.K.G.BEENA : MEMBER
SMT.SHIBA.M.SAMUEL : MEMBER
K.P. Harinath, Vrindavan, Kunhippara, : Complainant
Po.Kodakkad, Kasaragod.Dt. 671310
(In Person)
1 Sreeyesh.T.V, Indus Motor Company Pvt.Ltd,: Opposite parties
Kalikkadavu, Pilicode.Po. Kasaragod.Dt.
2 M/s Indus Motors, Authorised Maruti Dealer,
Kozhikode Indus House, West Hill, Kozhikode.
(Ops 1 & 2 Exparte)
O R D E R
SMT.SHIBA.M.SAMUEL MEMBER
The complainant’s case is that on 1-08-2013 he purchased a Maruti Swift Dezire car from opposite party No.2 through opposite party No.1. While purchasing the car, the opposite party No.1 informed the complainant that he is entitled for a Loyalty Bonus which was declared by opposite party No.2 on 01-08-2013 to those persons who possess more than one vehicle of Maruti. Inorder to avail that facility, the complainant handed over the copy of that RC and insurance certificate inrespect of his Wagoner LXI Car bearing registration No.KL-60-8880 along with application for Loyalty Bonus. Even after repeated request and reminders to the opposite party, the complainant was denied the offer made by this opposite party No.2 and thereby the complainant sustained mental agony and pain and hence the complaint.
2. The notice to the opposite parties were served on them, but they failed appear before this Forum and hence the name of both parties were called and set exparte. The complainant was examined as PW1 and documents Exts A1 to A4 were marked.
3. While adducing evidence, PW1 stated that eventhough he paid an amount of Rs.7 lakhs as first instalment to opposite party No.1 on 1-8-2013 he received vehicular documents only on 5-8-2013. He further added that he had also given application for Loyalty Bonus which is the offer declared by Maruthi to those customers who possess more than one vehicle of the same company. But even though the complainant applied for the bonus since he is eligible for the same, till now he had not received the benefit from Maruthi. Ext.A1 is the letter issued by PW1 to opposite party No.1 as a reminder for non-receipt of the Bonus offer. Ext.A4 is the photocopy of the RC of Wagoner bearing No.KL-60-8880 which was handed over to opposite party No.1. Eventhough opposite No.2 received Ext.A1 notice, not responded to it till date which amounts to deficiency in service and unfair trade practice. The opposite parties are therefore liable to compensate PW1.
4. Absolutely no explanation forthcoming from the opposite parties against the evidence of this complainant. They did not even came to persue the proceedings before this Forum.
The complaint is therefore allowed and opposite party No.2 is directed to pay a sum of Rs.10,000/- to the complainant along with Rs.1000/- as cost of this proceedings. Opposite party No.1 is exonerated from the liability. Time for compliance is 30 days from the date of receipt of copy of this order.
Sd/- Sd/- Sd/-
MEMBNER MEMBER PRESIDENT
Exts.
A1.22-01-2014 copy of letter sent by complainant to General manager, (Sales)Indus Motors, Calicut.
A2. 01-08-2013 Receipt issued by Indus Motor Company Pvt Ltd to complainant for an amount of
Rs.7,00,000/-.
A3.Bill issued by Indus Motors to complainant
A4. Photocopy of RC of KL 60-8880
PW1. Harinath.K.P.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Pj/ Forwarded by Order
SENIOR SUPERINTENDENT
