BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
VAZHUTHACAUD, THIRUVANANTHAPURAM.
PRESENT
SRI. G. SIVAPRASAD : PRESIDENT
SMT. BEENAKUMARI. A : MEMBER
SMT. S.K.SREELA : MEMBER
C.C. No. 28/2011 Filed on 01.02.2011
Dated : 29.07.2011
Complainant :
K.J. Wilson, Kulathinal House, Kudappanakunnu P.O, Thiruvananthapuram-695 043.
(Appeared in person)
Opposite parties :
Manager, Hilton Hyundai, Zion, T.C 36/58(6), N.H. Bypass Road, Eanchakkal, Thiruvananthapuram-8.
Manager, Hilton Hyundai Motors India Ltd., Plot No. H1, Irrungattukottai, Sriperumpathur, Kanchipuram District, Chennai-602 117.
This O.P having been heard on 16.07.2011, the Forum on 29.07.2011 delivered the following:
ORDER
SMT. BEENAKUMARI.A: MEMBER
Complainant purchased a Hyundai i 10 car from the 1st opposite party on 28.12.2009 on the assurance given by the opposite parties that they will give exchange bonus of Rs. 15,000/- and corporate offer of Rs. 4,000/- within 3 months of its purchase. But the opposite parties did not give that offer amount of Rs. 19,000/- to the complainant till date inspite of the repeated demands and requests of the complainant. Hence this complaint.
Opposite parties in this case accepted notice from this Forum, but they never turned up to contest the case. Hence the opposite parties remained ex-parte.
Complainant has filed proof affidavit and has produced 2 documents.
Points to be ascertained:
Whether there is unfair trade practice and deficiency in service from the side of opposite parties?
Whether the complainant is entitled to get the reliefs and costs?
Points (i) & (ii):- Complainant had purchased a Hyundai i 10 car from the opposite parties on the assurance given by the opposite parties that there was an offer of giving exchange bonus of Rs. 15,000/- and corporate bonus of Rs. 4,000/- within 3 months from the date of purchase. But till now the opposite parties not turned up to give that offer. The complainant has approached several items to the opposite parties for the offer amount. In this case the opposite parties remained ex-parte. Complainant has filed proof affidavit and produced 2 documents to prove his case. Ext. P1 is the offer letter issued by the opposite parties to the complainant. Ext. P2 is the reply letter issued by the 1st opposite party to the complainant. These 2 documents clearly show that the complainant is eligible to get that offer. The affidavit filed by the complainant stands unchallenged. From these evidences we find that the complainant is entitled to get the exchange bonus of Rs. 15,000/- and corporate offer of Rs. 4,000/- from the opposite parties. In this case we find that there is unfair trade practice from the side of opposite parties. It is the duty of the opposite parties to give the offer as assured by them. Hence the complainant is entitled to get compensation also from the opposite parties. Hence the complaint is allowed.
In the result, the opposite parties are directed to pay Rs. 19,000/- (exchange bonus Rs. 15,000/- + Corporate offer Rs. 4,000/-) to the complainant. The opposite parties shall pay Rs. 3,000/- as compensation and Rs. 1,500/- as costs to the complainant. Time for compliance one month from the date of receipt of the order. Otherwise 12% annual interest shall be paid for the entire amount till realization.
A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 29th day of July 2011.
Sd/- BEENAKUMARI. A : MEMBER
Sd/-
G. SIVAPRASAD : PRESIDENT
Sd/-
S.K. SREELA : MEMBER
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C.C. No. 28/2011
APPENDIX
I COMPLAINANT'S WITNESS :
NIL
II COMPLAINANT'S DOCUMENTS :
P1 - Copy of the offer letter dated 01.12.2010 issued by opposite
party to complainant.
P2 - Copy of reply letter dated 08.11.2010 issued by 1st opposite
party.
III OPPOSITE PARTY'S WITNESS :
NIL
IV OPPOSITE PARTY'S DOCUMENTS :
NIL
Sd/-
PRESIDENT
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