DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD
Dated this the 22nd day of October 2012
Present: Smt.Seena.H, President
: Smt.Preetha.G.Nair, Member
: Smt.Bhanumathi.A.K, Member Date of Filing : 04/02/2012
CC No.30/2012
K.Vijayakumaran,
Prasadam,
Mythri Nagar,
Kallepully (PO),
Palakkad - 678 005 - Complainant
(By Adv.K.Dhananjayan)
Vs
1.The Manager,
M/s.Palghat Automotive Pvt.Ltd.
Marutha Road, Koottupatha,
Palakkad.
(By Advocate M.Ramesh)
2.The Managing Director,
Hundai Motors India Ltd.,
5th & 6th Floor, Corporate One,
Plot No.5, Commercial Centre,
Jasola, New Delhi – 110 076
(By Adv.R.Gangadharan)
3.The Manager,
Southern Regional Office,
Hundai Motors India Ltd.
NP 54, Development Plot,
Thiruveka Industrial Estate,
Ekkuduthadam,
Guindy, Chennai – 32 - Opposite parties
(By Adv.R.Gangadharan)
O R D E R
By Smt.BHANUMATHI.A.K MEMBER
The case of the complainant in brief.
The complainant has brought a Hundai i10 Magna Car Registration No.KL-9AA-1047 Engine No.G4LAAM 549684 VIN MALAM 51 CL AM 820244 from the dealer Palakkad on 12/2/2011 after replacing his old car. At the time of purchasing the company dealer offered an exchange bonus amounting to Rs.15,000/- will be sent to the complainant through Demand Draft within 4 months. But it was not received. So the complainant sent a registered letter to them. On enquiry it is known that the dealership is on the verge of windup to some disputes with the company. As the company has the responsibility to send the amount, the complainant contacted the company over phone. They assured that the request would be considered favourably. But their assurance is not materialized. The act of opposite parties amounts to deficiency in service and unfair trade practice. So the complainant seeking an order directing the opposite parties to pay an amount of Rs.35,000/- including the exchange bonus with interest, compensation for mental agony and cost.
All opposite parites entered appearance. 1st and 2nd opposite parties filed version. 3rd opposite party no version filed.
1st opposite party admits that the complainant has purchased a Hyundai i10 Magna Car from the 1st opposite party on 12/2/2011. But 1st opposite party denies the replacement of old car. 1st opposite party only a dealer of the vehicle and duty is to supply the vehicle and attend services. 1st opposite party has neither offered any exchange bonus amounting to Rs.15,000/-. 1st opposite party already woundup the dealership and the1st opposite party is not bound to give any bonus to the complainant.
2nd opposite party submits that as per the exchange bouns claim policy, apart from the other terms and conditons certain documents are required for final claim settlement such as invoice of the new car, registeration certificate of the old car in the name of the customer before transfer, registration certificate of the old car after transfer in the name of the purchaser other than in the name of the blood relatives of the customer, Transfer of ownership fee receipt etc. Exchange claim remain valid only the necessary document are received by the 2nd opposite party within 120 days from the date of sale of new vehicle and also if the old car was transferred 30 days prior or till 105 days after the purchase of the new Hyundai car. But 2nd opposite party has not received any of the docuemnts or even a request either from the complainant or from the 1st opposite party, to execute discount claim of complainant. The complainant is liable to submit the abovesaid documents to the dealer, 1st oposite party, and 1st opposite party forward the same to the 2nd opposite party for approval of the claim. It is the duty of concerned dealers to explain all the terms and conditons to the customer. Regarding this 2nd oppsoite party has written a letter dated 5/8/09 to all its dealers that if the terms and conditons were not explained to the complainant by the dealers 2nd oppsoite party cannot be held the responsibility. So all opposite parties prayed for the dismissal of the complaint.
Both parites filed their respectivbe affidavits. Ext.A1 to A9 marked on the side of the complainant. Ext.A7 marked subject to proof. Ext.B1 to B3 marked on the side of the opposite parties.
Heard both parties.
Issues to be considered are;
1. Whether there is any deficiency in service on the part of opposite parties?
2. If so, what is the relief and cost?
Issue No.1 & 2
Ext.A1 shows that the complainant has purchased a Magna i10 car from the 1st opposite party after replacing his old car. At the time of purchase the 1st opposite party informed the complainant about the Exchange offer given by the company. Ext.A8 shows that there was an exchange offer. Ext.A9 shows that the complainant has transferred his old car to one Mr.Manikanda Kumar on 20/4/2011. So that the complainant is eligible for getting exchange offer. The complainant was informed that the exchange bonus amounting to Rs.15,000/- will be send through demand draft within 4 months. But it was not received.
According to 1st opposite party the complainant has not handed over his old car and the essential document to the 1st opposite party. If the old car is delivered to 1st opposite party there must be deliver note issued by the 1st opposite party and the amount of the old car will be deducted from the actual amount of the new car. It is not seen in the Ext.A1 document. 1st opposite party has not taken any steps to brought out all these facts. Complainant also negligent to demand any document to the effect that the old car has been delivered to 1st opposite party.
The exchange bonus policy is offered by the company. Dealers are not liable to provide the same. If the 1st opposite party has sent the required document to the 2nd opposite party in time, the complainant will be entitled to get the exchange bonus. But 1st opposite party has not done the same.
2nd opposite party contents that as per the exchange bonus claim policy certain documents are required for final claim settlement. The fact is evident from Ext.B2 document. 2nd opposite party has not received any of the document or even request from the complainant or from the 1st opposite party. Without getting essential document 2nd opposite party can’t settle the claim of the complainant.
From the above discussions we are of the view that there is deficiency in service on the part of 1st opposite party.
In the result complaint partly allowed. 1st opposite party is directed to pay an amount of Rs.12,000/- (Rupees Twelve thousand only) to the complainant as compensation for mental agony and Rs.1,000/- (Rupees One thousand only) as cost of the proceedings. Opposite parties 2 & 3 are exonerated from the liabilities.
Order shall be complied within one month from the date of receipt of order, failing which the complainant is entitled for 9% interest per annum for the whole amount from the date of order, till realization.
Pronounced in the open court on this the 22nd day of October 2012.
Sd/-
Seena.H,
President
Sd/-
Preetha.G.Nair,
Member
Sd/-
Bhanumathi.A.K,
Member
APPENDIX
Exhibits marked on the side of the complainant
Ext.A1 – Invoice dtd.12/2/11 for Rs.4,23,224/- issued by 1st opposite party to
the complainant
Ext.A2 – Photocopy of certificate of registration of complainant’s old car
Ext.A3 – Photocopy of certificate of registration of complainant’s new car
Ext.A4 – Copy of notice dtd.30/7/11 issued by complainant to 1st oppsite party
Ext.A5 – Photocopy of Email dated 7/12/11 issued to complainant by 2nd
oppsite party
Ext.A6 – Advertisement in the newspaper published by oppsite party 1&2
Ext.A7 – Photocopy of internet printout of certificate of registration of
complainant’s previous car No.KL9/M391 (subject to proof)
Ext.A8 – Advertisment in Malayala Manorama newspaper regarding exchange
offer of Hyundai Motors
Ext.A9 – Internet print of complainant’s old vehicle details.
Exhibits marked on the side of the opposite part
Ext.B1 – Photocopy of Dealership agreement
Ext.B2 – Photocopy of terms and conditions applicable to exchange bonus
Ext.B3 – Photocopy of letter dated 5/8/09 issued to all their dealers by
opposite party company.
Cost
Rs1,000/- allowed as cost of the proceedings
