DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD
Dated this the 29th day of February 2016
Present : Smt.Shiny.P.R. President
: Smt.Suma.K.P. Member Date of filing: 19/12/2015
(C.C.No.194/2015)
C.D.Sujatha,
W/o.K.V.Devadas,
Anagha,
Kallekulangara,
Palakkad – 9 - Complainant
(By Party in Person)
Vs
The Manager,
Indus Motor Co.Pvt.Ltd.
Koottupatha,
Palakkad – 678 007 - Opposite party
O R D E R
By Smt.Shiny.P.R. President.
Brief facts of complaint.
On 12/8/2015 Complainant has booked Maruthi Alto 800 LXI from opposite party as per advertisement given by the opposite party in the news paper. As per the advertisement opposite party offered 2 gram gold coins along with other onam offers to the prospective buyers of Maruthi cars. On 11-9-2015 the vehicle was delivered to the complainant. At the time of delivery the vehicle, opposite party informed the complainant that due to the non availability of gold coins, Head Quarters of Indus motors at Ernakulam will be sent a cheque of Rs.5000/- to the complainant. Complainant submitted that opposite party did not send cheque of Rs.5000/- or gold coins to the complainant . According to the complainant in order to get very hike in the sale of vehicles, opposite party offered a false promise to the customers by making false advertisement in the news papers.
Complainant alleged that in delivering the vehicle delay was occurred, bill or receipt for all transactions were not paid and Rs.25000/- was transferred from bank account of complainant in addition to the actual amount payable to the opposite party. In order to get the refund of the said amount of Rs 25000, delay of one month was occurred. These are happened due to the negligent act of opposite party.
Complainant submitted that these acts of opposite party amounts to unfair trade practice. Complainant has suffered mental agony due to the act of opposite party. Hence the complainant prays for an order directing opposite party to pay Rs.1,00,000/- as compensation
Complaint was admitted and issued notice to opposite party. After accepting the notice, opposite party did not appear before the forum. Hence set them as exparte. Evidence adduced by the complainant consists of her chief affidavit and Ext.A1 to A9.
The following issues are considered
1.Whether there is deficiency in service on the part of opposite parties?
2.If so, what is the relief?
Complaint was heard. Ext.A6 series shows that complainant had booked ALTO LXI on 12-8-2015. Ext.A7 series shows that the complainant has purchased car from the opposite party. Ext A3 series are the news paper advertisements dated 8-8-2015 and 15-8-2015 which reveal that the opposite party made various offers for the prospective buyers of Maruthi Cars. From the available records we came to the conclusion that the complainant has purchased the vehicle at the time of offer. Moreover complainant sent Ext.A2 letter dated 26-10-2015 to the opposite party to get Rs.5000/- as offered by the opposite party at the time of delivery of the car. No reply was sent to the complainant by the opposite party for the letter dated 26-10-2015. The opposite party did not obey the offer made by them. Offering of gifts, prizes or other items with the intention of not providing them as offered is amounts to unfair trade practice. Non giving of offered prize by the opposite party amounts to unfair trade practice. Since the opposite party set exparte and no other contrary evidence before the forum, we allow complaint in part.
Opposite party is directed to pay a sum of Rs.5000/- (Rupees Five thousand only) being the market price of 2 gram gold coin, Rs.1,000/- (Rupees One thousand only) as compensation for mental agony and Rs.1,000/- (Rupees One thousand only) as cost of proceedings.
Order shall be complied within a period of one month from the date of receipt of order, failing which complainant is eligible for 9% interest per annum for the whole amount from the date of order, till realization.
Pronounced in the open court on this the 29th day of February 2016.
Sd/-
Shiny.P.R.
President
Sd/-
Suma.K.P.
Member
Appendix
Exhibits marked on the side of complainant
Ext.A1 – Postal acknowledgement card from Indus Motors
Ext.A2 - Photocopy of letter sent to Indus Motors
Ext.A3 series – Newspaper Advertisement (2 Nos)
Ext.A4 - Order booking issued by Indus Motors
Ext.A5 – Photocopy of Proforma Invoice issued by Indus Motors
Ext.A6series – Photocopies of cash receipt for booking
Ext.A7 – Photocopy of delivery report
Ext.A8 – Photocopy of Tax/vehicle invoice
Ext.A9 – Photocopy of Medical Report
Exhibits marked on the side of complainant
Nil
Cost
Rs.1,000/- allowed as cost of the proceedings.
