DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

Civil Station, Palakkad 678001, Kerala

Dated this the 25^th day of February, 2010

Present: Smt.Seena.H, President

Smt.Preetha.G.Nair, Member

Smt.Bhanumathi.A.K, Member

C.C.No.68/2009

M.P.Jose,

S/o.M.C.Paily,

Malana House,

R.K.Nagar,

N.S.S.Engg. College.P.O,

Palakkad 678 008 - Complainant

(Party in person)

Vs

1. The Manager,

Hyundai K.T.C.Auto Mobiles Pvt. Ltd.,

N.H.By Pass Road, Palakkad.

(By Adv.P.G.Devadas, K.Sivadas)

2. The Manager,

Hyundai K.T.C.Auto Mobiles Pvt. Ltd.,

Guruvayoor Road, Poonkunnam,

Thrissur – 680002.

(By Adv.P.G.Devadas, K.Sivadas)

3. The Director,

Hyundai K.T.C.Auto Mobiles Pvt. Ltd.,

Y.M.C.A. Road, Calicut 673001.

4. M/s.Hyundai Motors Indian Ltd.,

A30, Mohan Co-operative Industrial Estate,

Mathura Road,

New Delhi 110044. - Opposite parties

O R D E R

By Smt.Preetha.G.Nair, Member

The complainant booked Santro XL car on 10.08.07 through the 1^st opposite party. At the time of booking they offered 8 gm gold, 100% of insurance and exchange offer of Rs.10,000/-. 1^st opposite party had given the offer in writing through their order form TCR Sq No.3881 dt.10.08.07. The complainant handed over his 1998 model 800 Maruthi car through Mr.Sunil, Sales Executive of 1^st opposite party for Rs.95,000/-. The complainant

agreed this amount only because of the exchange offer Rs.10,000/- offered to him at the time of booking. The 2^nd opposite party delivered the Santro XL car on 20.08.07 through 1^st opposite party vide delivery gate pass No.C200708034 dt.20.08.07. After the registration of the new Santro car, complainant submitted all the required papers to Mr.Sunil, Sales Executive of 1^st opposite party for getting the exchange bonus. The complainant had no information regarding exchange offer from Hyundai Dealers. After 6 months, complainant was forced to send e-mail to Hyundai Delhi Office. Thereafter the Hyundai Delhi office instructed the complainant to furnish the details of the new and old car. They gave a complaint No.HESP3259 for further enquiries. The complainant had sent the details of new and old car through e-mail. Then the complainant contacted 2^nd opposite party and they said that they misplaced the original documents submitted earlier. The complainant resubmitted the documents by registered post to KTC Hyundai, Thrissur and Calicut. The complainant has not yet received the exchange offer of Rs.10,000/-. This amounts to clear deficiency of services on the part of opposite parties. Hence complainant prays for an order directing the opposite parties to pay Rs.10,000/- as exchange offer and Rs.10,000/- compensation for financial loss and mental agony.

Opposite parties 1 and 2 entered appearance and filed version. Opposite parties 3 and 4 was set ex-parte. As per the contention of 1^st and 2^nd opposite parties they are only one of the dealer of the Hyundai Motors (P) Ltd and the exchange bonus is an offer made by the company Hyundai Motors and the payment has to be effected by the 4^th opposite party. As per the terms of the exchange bonus scheme one is entitled only if he has transferred his old car after the purchase of the new Hyundai car and not before the purchase of the new car. 1^st and 2^nd opposite parties stated that according to the complaint, the complainant has purchased the new car on 18.08.07 and had sold the old car on 15.08.07. Another aspect of the exchange bonus scheme is that one has to make a claim for exchange bonus

within 120 days from the date of purchase of the new car. In the complainant's case, the documents were handed over to this opposite party only on 30.01.2009, which is beyond 485 days. At any rate the complainant is not entitled for exchange bonus. The 1^st and 2^nd opposite parties stated that the complainant is well aware of the terms of the scheme for exchange bonus. The manufacturer has not allowed the complainant's claim, who infact is the person to allow the claim. Hence the complainant is not entitled for exchange bonus as claimed in the complaint. The 1^st and 2^nd opposite parties prays to dismiss the complaint with compensatory cost to the opposite parties.

Complainant filed affidavit and documents. Exts.A1 to A7 marked on the side of the complainant. Opposite parties 1 and 2 filed affidavit. No documentary evidence on the part of opposite parties. Opposite parties 1 and 2 filed questionnaire. Complainant filed answers. Opposite parties 3 and 4 were set ex-parte.

Issues to be considered;

1. Whether there is any deficiency in service on the part of opposite parties?

2. If so, what is the relief and cost?

Issues 1 & 2:

It is an admitted fact that the complainant has purchased a new Santro XL car on 18.08.07 from opposite parties. As per Ext.A1 order booking form dt.10.08.07 details of offers given as FOC are onam offer 8 gms gold coin, 100% insurance and exchange offer Rs.10,000/-. According to Ext.A6 series the cash receipt of Rs.2,000/- dt.10.08.07, the cash receipt of Rs.85,000/- dt.16.08.07, the cash receipt of Rs.99,500/- dt.17.08.07 complainant paid the entire amount to the 1^st opposite party. The say of the complainant is that he has handed over his 1998 model maruthi 800 car through Mr.Sunil, Sales Executive of 1^st

opposite party for Rs.95,000/-. The first contention raised by 1^st and 2^nd opposite parties is

that according to the exchange bonus scheme the complainant has to transfer his old car after purchase of the new car and not before the purchase of the new car. Opposite parties has not produced any documents showing the terms and conditions of the exchange offer. Further the 1^st and 2^nd opposite parties has not produced any evidence to show that the complainant has not claimed the exchange bonus within 120 days. The complainant has stated in the affidavit that he has submitted all the required paper to Mr.Sunil, KTC, Palakkad for getting the exchange bonus after the registration of the new santro car. As per Ext.A5 series the complainant vide letter dt.28.01.09 has once again submitted the documents relating to the car to 3^rd opposite party at his request. The statement once again submitted means that documents were submitted earlier. Further 1^st and 2^nd opposite parties has raised no objection in marking the said document. The 1^st and 2^nd opposite parties admitted that they are the dealers and if at all claim is made by any of the parties it has to be got approved by the manufacturer company and the payment has to be effected by the 4^th opposite party. But the 4^th opposite party was set ex-parte. Opposite parties contented that the exchange bonus is eligible only for exchange of old car after the purchase of new car. Complainant submitted that only on the assurance of the opposite parties of exchange bonus he purchased new car after sale of his old car.

In view of the above discussions, we hold the view that there is deficiency in service on the part of opposite parties. Hence complainant allowed. We direct the opposite parties jointly and severally liable to pay Rs.10,000/- (Rupees Ten thousand only) being the exchange bonus, Rs.2,000/- (Rupees Two thousand only) being the compensation and Rs.1,000/- (Rupees One thousand only) being the cost of the proceedings. Order shall be

complied within one month from the date of receipt of the order failing which the whole amount shall carry interest @ 9% p.a from the date of order till realisation.

Pronounced in the open court on this the 25^th day of February, 2010

Sd/-

Seena.H,

President

Sd/-

Preetha.G.Nair,

Member

Sd/-

Bhanumathi.A.K,

Member

Appendix

Witnesses examined on the side of complainant

Nil

Witnesses examined on the side of opposite parties

Nil

Exhibits marked on the side of complainant

Ext.A1 – Order booking form

Ext.A2 – Delivery receipt and gate pass

Ext.A3 – Copy of e-mail letter dt. 06/07/08 sent by complainant to 4^th opposite party

Ext.A4 – Copy of mail sent by complainant to opposite parties

Ext.A5 (Series)- Photo copies of letters sent to opposite parties, delivery receipt and gate

pass, registration certificate etc.

Ext.A6 (Series) – Cash receipts – 3 in Nos.

Ext.A7 (Series) – Acknowledgement cards

Exhibits marked n the side of opposite parties

Nil

Cost (Allowed)

Rs.1,000/- (Rupees One thousand only) allowed as cost.