DATE OF FILING : 12.01.2010
BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI Dated this the 25th day of February, 2010
Present: SRI.LAIJU RAMAKRISHNAN PRESIDENT SMT.SHEELA JACOB MEMBER SMT.BINDU SOMAN MEMBER C.C No.15/2010 Between Complainant : N.K.Varghese, Naduvileparambil House, Karimkunnam P.O, Plantation, Represented by Power of Attorney Holder Shaji N.S, Nedumgothu House, Madakkathanam P.O, Thodupuzha. (By Adv: K.M.Sanu) And Opposite Parties : 1. The Manager, Pulimoottil Automobiles, Hyundai Authorised Servicing Centre, Pala Road, Thodupuzha P.O, Idukki District. 2. The Manager, Popular Hyundai, Popular Motor World Private Limited, 33/2361-A, Geethanjali Junction, NH 47, Bypass, Vytila P.O, Cochi – 19. O R D E R SRI.LAIJU RAMAKRISHNAN(PRESIDENT)
Complainant purchased a Hyundai Santro car from the Ist opposite party as Reg.No.KL-38-2518. At the time of purchase of the said vehicle, the authorised agent of the 2nd opposite party approached the complainant and explained about the offer of the 2nd opposite party. As per the offer the opposite parties will pay an amount of Rs.10,000/-, as exchange offer if the complainant purchases a new Santro car from their show-room after selling his old model car. If the complainant produces the sale agreement of the old car, the opposite party will pay the amount within one year by way of cheque. The cheque for that amount will be sent in the name of the complainant. As per the offer, the complainant sold out his old model Maruti car and booked a Hyundai Santro car by paying some portion of the amount to the 2nd opposite party's agent and the car was purchased on 2.02.2007 from the 2nd opposite party. The copy of the sale letter and copy of the RC book of the old Maruti car were given to the 2nd opposite party and they offered a cheque worth Rs.10,000/- within one year. After the expiry of one year, complainant contacted the opposite party for getting the offer price. A letter was given to the Delhi office also. But a reply received from the 2nd opposite party telling that they have already given the offer. But the complainant never received the amount from the opposite party. The complainant was ready to purchase a car from the Maruti company. Only because of the advertisement given by the opposite party about the offer price he decided to purchase the same from the 2nd opposite party. The complainant suspect that the offer price has already received by the 2nd opposite party. It is a gross unfair trade practice from the part of the opposite party, the denial of the offer which was advertised by the opposite party. So this petition is filed for getting the price offered by the opposite party with 18% interest and also for compensation. 2. The opposite party was absent and called exparte.
3. The point for consideration is whether there was any deficiency in service on the part of the opposite parties, and if so, for what relief the complainant is entitled to ?
4. The evidence consists of the oral testimony of PW1 and Exts.P1 to P5(series) marked on the side of the complainant.
5. The POINT :- Complainant purchased a new Santro car manufactured by Hyundai company from the show-room of the 2nd opposite party. But he never received the exchange bonus as per the offer of the company. The power of attorney holder of the complainant was examined as PW1. PW1 deposed that the authorised agent of the 2nd opposite party approached the complainant at the time of purchase of the vehicle and described about the exchange offer of the company. The authorised agent assured that the company will pay an amount of Rs.10,000/- as exchange offer to the new purchaser of the Hyundai Santro car, if he produces the sale letter of the old vehicle to the company. The cheque will be given within one year of the purchase of new vehicle. So the agent of the 2nd opposite party approached the complainant at his residence and received advance booking price of the vehicle from the complainant and the vehicle was delivered on 2.02.2007 from the 2nd opposite party. The sale letter of the old Maruthi 800 car of the complainant and copy of the RC book were given to the 2nd opposite party by the complainant. Copy of the sale letter is marked as Ext.P2. The copy of the voucher of the new vehicle issued from the 2nd opposite party is marked as Ext.P3. Copy of the RC book of the new vehicle is marked as Ext.P4. Even after one year the said offer was not received by the complainant from the 2nd opposite party. So the complainant contacted the opposite party several times for getting the same. On 8.09.2009 the complainant sent a notice to the 2nd opposite party mentioning the same, copy of the notice was given to the Delhi office of the opposite party also. The office copy of the notice, AD card and its postal receipt are marked as Ext.P5(series).
6. It is clear from the documents produced by the complainant that the complainant has purchased a new Hyundai Santro car from the 2nd opposite party. As per PW1 there was an offer of Rs.10,000/- from the opposite party and after the purchase of one year of the vehicle, that was not received by the complainant. So he constrained to send a notice to the the 2nd opposite party and to their Delhi office. Ext.P5 (series) shows the same. As per PW1, he received the information that the company has already issued the offer price but that amount is not received by the complainant. After the purchase of the vehicle the opposite party never acted as per the offer provided by them which is a gross unfair trade practice. There is no claim is sought against the Ist opposite party. Hence the complainant is entitled to get the amount offered by the opposite party after one year. Here the complainant purchased the vehicle on 2.02.2007 and the sale letter of the old vehicle of the complainant was produced before the 2nd opposite party within that date. So we think that the 2nd opposite party is bound to pay the amount. Hence the petition allowed. The 2nd opposite party is directed to pay Rs.10,000/- with 12% interest from 2.02.2008 to the complainant and Rs.1,000/- as compensation for the inconvenience and loss caused to the complainant because of the unfair trade practice of the opposite party and Rs.2,000/- as costs of the petition within one month of receipt of a copy of this order, failing which the amount shall carry 12% interest per annum from the date of default.
Pronounced in the Open Forum on this the 25th day of February, 2010 Sd/- SRI.LAIJU RAMAKRISHNAN(PRESIDENT) Sd/- I agree SMT.SHEELA JACOB(MEMBER) Sd/- I agree SMT.BINDU SOMAN(MEMBER) APPENDIX Depositions : On the side of Complainant : PW1 - N.S.Shaji On the side of Opposite Parties : Nil Exhibits: On the side of Complainant: Ext.P1 - Power of Attorney Ext.P2 - Photocopy of Vehicle Sale Agreement Ext.P3 - Photocopy of Customer Account Settlement Voucher Ext.P4 - Photocopy of RC Book Ext.P5(series) - Photocopy of complainant's complaint dated 8.09.2009 addressed to the 2nd opposite party with AD Card and Postal Receipt On the side of Opposite Parties : Nil
| | [HONORABLE Sheela Jacob] Member[HONORABLE Laiju Ramakrishnan] PRESIDENT[HONORABLE Bindu Soman] Member | | 
