IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA,
Dated this the 23rd day of April, 2012.
Present : Sri. Jacob Stephen (President)
Sri. N. Premkumar (Member)
Smt. K.P. Padmasree (Member)
C.C.No.212/2011 (Filed on 31.10.2011)
Between:
Mammen Thomas,
Kannamkara Puthen Veedu,
Pazhavangadi, Ranni.
(By Adv. Soni. P. Bhaskar) ….. Complainant
And:
Suman Varghese,
Manager,
Kulathumkal Motors,
Pathanamthitta.
(By Adv. Sam Koshy) ….. Opposite party.
O R D E R
Smt. K.P. Padmasree (Member):
The complainant has filed this complaint for getting a relief from this Forum.
2. The facts of the complaint is as follows: On 26.04.2011 complainant had purchased a ‘Manza Elan Car’ by exchanging his Tata Indigo Car bearing Reg.No.KL.3/S/232 from the opposite party. At the time of purchase the opposite party assured to refund an amount of ` 25,000 as exchange bonus and further assured that the said bonus will be paid to the complainant within 15 days. For that they have issued a written acknowledgment also.
3. All documents with the old vehicle is handed over to the opposite party and after verifying the same, opposite party assured that ` 25,000 will be refunded immediately. Complainant approached the opposite party several times. But the opposite party didn’t turn up. Written acknowledgment issued by the opposite party, for refund the exchanger bonus is with the complainant. Opposite party is liable to refund the amount. Non-compliance of the promise is a clear deficiency of service on the part of the opposite party which caused mental agony, financial loss and other inconvenience to the complainant. Therefore the complainant filed this complaint for getting the exchange bonus of ` 25,000 with 12% interest along with compensation of ` 25,000 and cost. The complainant prays for allowing the complaint.
4. Opposite party entered appearance and filed his version with the following contentions: Complaint is not maintainable either in law or on facts. It is admitted that the complainant approached the opposite party for the purchase of a new Tata Indigo Manza Car and the same has been delivered to him. It is a false allegation that the opposite party assured the complainant to refund an amount of ` 25,000 as exchange bonus. Complain ant is aiming at the benefit under the scheme offered by Tata Motors. It is a scheme offered by Tata Motors as an exchange scheme by taking back the old vehicle for a value and the same will be deducted from the price of the new vehicle. In the case of the complainant he had an Indigo 2009 Model Car which Tata Motors offered ` 2,70,000 which was not agreeable by the complainant.
5. At that time, one Mr. Ratheesh came to the showroom enquiring about buying a used car. The telephone number of the complainant has been given to the said Ratheesh and they negotiated and the vehicle was handed over by the complainant for a sale consideration of ` 3,15,000 to the said Ratheesh. The old vehicle has not been purchased by Tata Motors and it has been given to a third party directly by the complainant. Hence complainant is not entitled to get exchange offer. Therefore, the opposite party is not liable to refund an amount of ` 25,000 to the complainant and they prayed for the dismissal of the complaint with their cost.
6. On the basis of the pleadings of the parties, the only point to be considered is whether this complaint can be allowed or not?
7. The evidence of this complaint consists of the proof affidavit of the parties and Exts.A1 to A4 and B1. After closure of evidence, both sides were heard.
8. The Point:- Complainant’s allegation is that the complainant had purchased a Manza Elan Car on 26.04.2011 by exchanging his Tata Indigo Car bearing Reg.No.KL.3/S/232 through the opposite party with the condition that ` 25,000 will be refunded as exchange bonus, which will be paid within 15 days. For that they have issued a written acknowledgment also. But the opposite party didn’t pay the amount even after repeated demands by the complainant. Hence the opposite party is liable to refund the amount with cost and compensation to the complainant.
9. In order to prove the complainant’s case complainant filed proof affidavit with 4 documents. On the basis of the proof affidavit, the documents produced were marked as Exts.A1 to A4. Ext.A1 is the letter given by the opposite party to the complainant. Ext.A2 is the copy of the legal notice issued by the complainant. Ext.A3 is the postal receipts dated 27.09.2011 and Ext.A4 is the postal acknowledgment card dated 29.09.2011 in respect of Ext.A2.
10. On the other hand, the contention of the opposite party is that they have not assured the complainant to refund an amount of ` 25,000 as exchange bonus. Complainant is aiming at the benefit under the scheme offered by the Tata Motors. It is an exchange scheme of Tata Motors by taking back the old vehicle for a value and the same will be deducted from the price of the vehicle. In the case of the complainant he had an Indigo Car of 2009 Model, Tata Motors offered ` 2,70,000 for the same but it was not agreeable to the complainant. Later, complainant transferred the old vehicle to a third party directly and as such he is not entitled to get any exchange bonus. Hence the complainant is not entitled to get any benefit from the opposite party.
11. In order to prove the contention of the opposite party, the opposite party filed a proof affidavit along with one document. On the basis of the proof affidavit, the document produced is marked as Ext.B1. Ext.B1 is the copy of exchange bonus claim procedure of Tata Motors.
12. On the basis of the contentions and arguments of the parties, we have perused the entire materials on record and found that there is no dispute between the parties in respect of the sale and purchase of the new car. The dispute is in respect of the refund of the exchange bonus. According to the complainant, he purchased the new car by exchanging his old car as per the offer of the opposite party and as per the Ext.A1 letter dated 24.06.2011 issued by the opposite party, he is entitled to get the exchange bonus of Rs.25,000 from the opposite party. According to the opposite party they are not liable to pay any exchange bonus as the offer is made by Tata Motors, and they have not purchased the complainant’s car and the sale of the old car of the complainant is made directly by the complainant to a 3rd party. But on perusal of Ext.A1 letter, the contention of the opposite party is not sustainable as Ext.A1 is a clear admission of the complainant’s allegation. Moreover, the opposite party has not made any effort to disprove the genuineness of Ext.A1 and has not adduced any evidence to substantiate their contention that the sale of the old car was made by the complainant directly to a third party without the knowledge of the opposite party. In the circumstances, the complainant had proved his case against the opposite party. The non-return of the exchange bonus as per Ext.A1 is a clear deficiency in service on the part of the opposite party and the opposite party is liable to the complainant. Therefore, we find that the complaint is allowable with compensation and cost.
13. In the result, this complaint is allowed thereby the opposite party is directed to pay the exchange bonus of ` 25,000 (Rupees Twenty Five Thousand only) with 10% interest from the date of filing of this complaint along with compensation of ` 5,000 (Rupees Five Thousand only) and cost of ` 1,000 (Rupees One Thousand only) to the complainant within 15 days from the receipt of this order, failing which the complainant is allowed to realize the whole amount with 12% interest from today till the realization of the whole amount.
Declared in the Open Forum on this the 23rd day of April, 2012.
(Sd/-)
K.P. Padmasree,
(Member)
Sri. Jacob Stephen (President) : (Sd/-)
Sri. N. Premkumar (Member) : (Sd/-)
Appendix:
Witness examined on the side of the complainant: Nil.
Exhibits marked on the side of the complainant:
A1 : Letter dated 26.04.2011 sent by the opposite party to the complainant. A2 : Copy of the advocate notice dated 23.09.2011 sent by the complainant
to the opposite party.
A3 : Postal receipt
A4 : Postal acknowledgment card.
Witness examined on the side of the opposite party: Nil.
Exhibits marked on the side of the opposite party:
B1 : Copy of Exchange Bonus Claim Procedure of Tata Motors.
(By Order)
(Sd/-)
Senior Superintendent.
Copy to:- (1) Mammen Thomas, Kannamkara Puthen Veedu,
Pazhavangadi, Ranni.
(2) Suman Varghese, Manager, Kulathumkal Motors,
Pathanamthitta.
(3) The Stock File.
