By. Sri. Jose. V. Thannikode, President:-
The complaint is filed under section 12 of the Consumer Protection Act against the opposite parties to get all the offers and benefits offered and entitled benefits and to get cost and compensation due to the deficiency of service and unfair trade practice by the opposite parties.
2. Brief of the complaint:- The opposite party's agent one Muhammed Firoz approached the complainant and convinced him that ALTO 800 Lxi car of Maruthi Suzuki is a good vehicle and the price of it was only Rs.3,30,413/- excluding the Road Tax and also offered that if the 2007 model Maruthi 800 belong to the complainant is exchanged with ALTO 800 Lxi the company will give Rs.1,18,000/- for complainant's vehicle and also offered that if he is ready to exchange the vehicle, the consumer offer of Rs.30,000/-, exchange offer Rs.25,000/- and if he is a owner of a bike Rs.5,000/- and additional exchange offer of Rs.5,000/-, and if he is a government employee Rs.4,000/- and in addition 2 grams of gold or Rs.5,000/- and also an another gift will be given. On believing the words of the said agent the complainant exchanged his Maruthi 800 car with the company and booked for ALTO 800 Lxi. The company offered delivery of the new vehicle within 30th of August 2014 and received Rs.2,68,413/- as advance on various dates from the complainant but even after somany enquiry the opposite parties have not delivered the vehicle within the stipulated time. But the opposite parties have delivered the vehicle only on 04.09.2014. At the time of delivery of vehicle the opposite parties have not provided the offered benefits but provided only Rs.18,000/- instead of Rs.25,000/- offered as exchange offfer and after taking scratch and win lot gave one water purifier.
3. The advertisement dated 24.08.2014, 27.08.2014, 01.09.2014 by the opposite parties the offer was “ savings of Rs.65,100/- (Alto car) additional and assured gift on every purchase + 2 gram gold coin + sony home theatre system etc... As per this advertisement also the complainant is entitled to get the sony home theatre system and also not provided the left side mirror also. In the advertisement, the mirror also shown, for that the complainant spent Rs.1,200/-. Due to the non delivery of the new vehicle in time the complainant caused to call a taxy for going to Krishnanpuram for his brother's daughter marriage, thereby also the complainant loss Rs.3,500/- and the opposite parties has also charged Rs.6,000/- as handling charges, it is also unfair trade practice because the opposite parties are liable to deliver the vehicle to the complainant in his house or to produce it before the opposite party No.1.
4. Showing these details the complainant caused to send a lawyer notice to the opposite parties but not responded. Hence the complainant prayed before the Forum to direct the opposite parties to pay Rs.7,000/- as exchange offer and to pay Rs.5,000/- as addition exchange bonus and to provide sony home theatre system and to pay Rs.1,200/- which is spend for buying the mirror (left side) and to refund Rs.6,000/- which is collected as handling charges and to pay Rs.3,500/- which is paid for taxi and to pay Rs.25,000/- as compensation for the loss and damages and hardships and mental agony caused to the complainant due to the deficiency of service and unfair trade practice by the opposite parties.
5. Notices were served to opposite parties on 24.03.2015 but till 07.05.2015 opposite parties has not filed version. Hence they were set ex-parte on 07.05.2015.
6. Complainant filed proof affidavit and he stated as stated in the complaint and he is examined as PW1 and Ext.A1 to A9 is marked. Ext.A1 is the vehicle booking Order, wherein the name of the vehicle is shown as ALTO 800 Lxi, booking date 24.08.2014, tentative waiting period 10 days, tentative delivery month August, on road price Rs.3,54,641/- including handling charges Rs.6,000, Road Tax Rs.18,812/- others Rs.3,073/-, temp registration Rs.150/-. Ext.A2(1) is the delivery receipt of taken delivery of old vehicle of which shows Reg No. KL 58 A 1542 dated 24.08.2014 Maruti 800 AC 2007 model for Rs.1,18,000/- from the complainant. Which shows that the transaction was exchange sale. Ext.A2(2) is the Sale Certificate dated 01.09.2014 for the new vehicle delivered to the complainant on 01.09.2014, wherein ex-showroom price shown as Rs.3,13,618/-. Ext.A3 is the offer advertisement card which shows the benefit of Rs.72,600/- for ALTO 800 and date of last date of offer is 23rd August. Ext.A4 is the advertisement in Mathrubhumi daily on 01.09.2014, wherein total benefit shown is Rs.65,100 + Sony Home Theatre system(cash offer Rs.30,000/-, additional NRI scheme Rs.5,100+Special exchange bonus Rs.25,000/- + additional offer two wheeler Rs.5,000/-) Ext.A5 is the advertisement in Manorama daily on 27.08.2014, wherein also shows the benefit of Rs.65,100/- + 2 gold coin+ sony home theatre system. Ext.A6 is the Cash receipt of Rs.1,200/- for towards accessories(mirror). Ext.A7(1) is the marriage invitation letter given to the complainant by one Roshita for 31.08.2014. Ext.A7(3) is the trip sheet for taxi from Muttil to Palakkad and Palakkad to Muttil on 30.08.2014 to 31.08.2014. Ext.A7(4) is the Receipt for Ext.A7 for Rs.5,000/-. Ext.A8 is the feed back card for sales satisfaction dated 25.08.2014 by sale person Muhammed Firos for ALTO 800 Lxi. Where the customer reported unacceptable suggestion and complainant also written that only Rs.7,000/- is received as Exchange offer and taken more handling charge and not provided the offered left side mirror and further stated that the offers given by the company is ridiculing the customers.
7. On perusing the complaint, documents and affidavit, the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service and unfair trade practice from the
part of opposite parties?
2. Relief and Cost.
8. Point No.1:- On perusal of complaint, affidavit and documents it is evident that the benefits were offered by the opposite parties but not provided the full benefits. Not providing the full benefits on Ext.A3, A4 and Ext.A5 is clearly an unfair trade practice from the side of opposite parties. Hence the Point No.1 is found accordingly.
9. Point No.2:- Since the Point No.1 is found against the opposite parties. The opposite parties are jointly and severally liable to provide the remaining benefit to the complainant with cost and compensation. The Point No.2 is decided accordingly.
In the result, the complaint is partly allowed and the opposite parties are jointly and severally directed to pay Rs.7,000/- (Rupees Seven Thousand) as difference of exchange bonus and Rs.5,000/- (Rupees Five Thousand) as additional exchange bonus and Rs.1,200/- (Rupees One Thousand and Two Hundred) as the value of left side mirror charge and also directed to pay Rs.5,000/- (Rupees Five Thousand) as compensation and Rs.2,000/- (Rupees Two Thousand) as cost of the proceedings. The opposite parties are jointly and severally shall comply the Order within 30 days from the date of receipt of this Order. On failure the complainant is entitled for an interest @ 15% per annum for whole the amount.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 29th day of May 2015.
Date of Filing:12.03.2015.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:-
PW1. M. K. Ramakrishnan (Affidavit). Complainant.
Witness for the Opposite Parties:-
Nil.
Exhibits for the complainant:
A1. Vehicle Booking Order. Dt:24.08.2014
A2(1). Delivery Receipt.
A2(2). Copy of Sale Certificate.
A3. Offer Advertisement Notice.
A4. Advertisement in Mathrubhumi Daily.
A5. Advertisement in Manorama Daily.
A6. Receipt. Dt:24.09.2014.
A7(1). Marriage Invitation Letter cover.
A7(2). Marriage Invitation.
A7(3). Trip sheet for Contract Carriage/Tourist Taxi.
A7(4). Receipt.
A8. Feedback Card for Sales Satisfaction.
A9(1). Lawyer Notice.
A9(2). Postal Receipt.
Exhibits for the opposite parties:-
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
a/-
