Tamil Nadu

North Chennai

69/2014

T.Sundaramurthy,S/o.Thiruvengadam - Complainant(s)

Versus

The President and Managing Director - Opp.Party(s)

M.BalaKrishnan

21 Jun 2016

ORDER

                                                           Complaint presented on  :  28.03.2014

                                                                Order pronounced on  :  21.06.2016

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

                    TMT.T.KALAIYARASI, B.A.B.L.,           MEMBER II

 

TUESDAY THE 21st    DAY OF JUNE 2016

 

C.C.NO.69/2014

 

 

T.Sundaramoorthy,

Son of Thiruvengadam,

No.50/55, Dharmarajakoil Street,

Poonamallee,

Chennai 600 056.

                                                                                             ..... Complainant

 

..Vs..

	1.The President and Managing Director, M/s. Ford India Pvt. Ltd., Ford Plant and Corporate Office, S.P.Koil Post, Chengalpattu – 603 204.   2.M/s Ford India Pvt. Ltd., Regional Office – South, Block – 1B, 1st Floor, RMZ Millenia Business Park, No.143, Dr.MGR Road, Northveeranamsalai, Perungudi, Chennai – 600 096.   3.M/s. Chennai Ford, The Chief Manager, No.423, Poonamallee High Road, Arumbakkam, Chennai 600 106.
	...Opposite Parties

Date of complaint                                  03.04.2014

Counsel for Complainant                      : M/s. M.Balakrishnan

Counsel for 1st & 2^nd opposite party      : M/s.R.Senthil Kumar, Chethan Sagar

 

Counsel for 3^rd Opposite Party                      : M/s. M.Swaminathan

 

 

O R D E R

 

BY PRESIDENT THIRU. K.JAYABALAN B.SC., B.L.,

          This complaint is filed by the complainant u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The 1^st and 2^nd Opposite Parties are the manufacturer of the Ford Fiesta Car and the 3^rd Opposite Party is the dealer of the said car. The Complainant on seeing the advertisement that announcing of Ford vehicle on 03.11.2013 i.e., “October 2013 offer” he had approached the 3^rd Opposite Party to purchase a Ford Fiesta Car. The special discount offer is Rs.1,50,000/-  on the  road selling price  for the new car. A Proforma  Invoice issued to the Complainant fixing road price as Rs.10,99,200/- including registration, Insurance and other charges.  On 04.01.2013 the Complainant paid a sum of Rs.10,000/- and booked a car. The 3^rd Opposite Party informing the Complainant that as and when the car is made available he can pay the remaining amount. The Complainant contacted the 3rd Opposite Party on regular  interval,  he replied that he will make a call for payment of remaining car price. On 21.04.2013 the Complainant personally enquired the 3^rd Opposite Party, he was informed that the discount offer was over and he was denied to purchase a new car. Thereafter the Complainant issued a legal notice dated 31.12.2013 to all the Opposite Parties. The 1^st Opposite Party replied that her inability to extend any help. However the 2^nd and 3^rd Opposite Party failed to reply to the Complainant. The 3^rd Opposite Party had accepted booking amount of Rs.10,000/- and did not return the same, till today  despite his notice, which would prove the dishonest intention of the Opposite Party. The Complainant never cancelled his booking. On receiving car allotment to the Complainant, the 3^rd Opposite Party sold the same to some other person for higher price.  The practice of the Opposite Parties is nothing an unfair trade practice. Hence the Complainant filed the Complaint to direct the Opposite Parties to deliver a New Fiesta Ford Car as booked as per the offer price and also for compensation with cost of the Complaint.

2.WRITTEN VERSION OF THE 1^st & 2^nd  OPPOSITE PARTIES IN BRIEF:

          The dispute is in respect of discount offer between the 3^rd Opposite Party and the Complainant. There is no privity of contract between the Complainant and these Opposite Parties and as such the Opposite Parties 1^st & 2^nd are not liable to the Complainant hence the Complaint is liable to be dismissed as against the Opposite Parties 1^st & 2^nd.

3. WRITTEN VERSION OF THE 3^rd OPPOSITE PARTY IN BRIEF:

          The Complainant has not approached the Hon’ble Forum with clean hands and suppression of materials facts and the Complaint is devoid of merits and liable to be dismissed. The Complainant signed in the order form of undertaking that I agree with the terms and conditions. As per the terms and conditions no.12 minimum booking amount is Rs.25,000/- for Ford/Fiesta and however the Complainant paid only a sum of Rs.10,000/- by way  of cheque. This Opposite Party made several attempts to contact the Complainant, but all went in vain and there was no response from him. The Complainant neither paid balance booking amount has not contacted these Opposite Parties. The Complainant is the bonafide terms and conditions in the order form. As such this Opposite Party has not committed any deficiencies and the Complaint itself misconceived and the same is liable to be dismissed with cost. 

4. POINTS FOR CONSIDERATION:

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

          2. Whether the complainant is entitled to any relief? If so to what relief?

5. POINT:1

It is an admitted fact that the Complainant booked a Ford Fiesta car with the 3^rd Opposite Party on 04.11.2013 by paying a sum of Rs.10,000/- towards booking charges as per Ex.A1 issued by the 3^rd Opposite Party and the 3^rd Opposite Party issued Ex.A2 proforma invoice for the said car for a sum of Rs.10,99,200/- and in the said invoice special discount of Rs.1,50,000/- was also given.

          6. According to the Complainant he had contacted the 3^rd Opposite Party after booking of the car to pay the balance amount and however the 3^rd Opposite Party informed him that after receiving a call from him, he can pay the remaining car price and since the 3^rd Opposite Party had not contacted him, on 21.12.2013 when he personally visited the 3^rd Opposite Party he was informed by him that the discount offer was over without cancelling the booking and further without  informing the Complainant to pay balance amount or  refunding the booking amount of Rs.10,000/- the 3^rd Opposite Party stand that the discount offer was over establishes that the 3^rd Opposite Party committed  Deficiency in Service. 

          7. The 3rd Opposite Party would contended that as per the condition in Ex.B1 order forum that without notice they can change the offer and the Complainant has not paid the minimum booking amount of Rs.25,000/- as per condition no:12 and therefore the Complainant has not Complied the minimum amount of booking, he had only committed fault and this Opposite Party has not committed any Deficiency in Service.

          8. Ex.B1 is the order form placed by the Complainant. Ex.A1 is the proof for booking details payment of Rs.10,000/- and Ex.A2  Proforma Invoice contains the special discount offer of Rs.1,50,000/-.  It is not in dispute that the 3^rd Opposite Party offered Rs.1,50,000/- special discount at the time  of booking payment of Rs.10,000/- received by him in Ex.A1. Admittedly it is a special offer booking. Nowhere in Ex.A1 receipt, it has been stated that for such a special booking also the minimum booking amount of Rs.25,000/- to be paid. when the 3^rd Opposite Party issued Ex.A1 booking receipt for Rs.10,000/- clearly establishes that the 3^rd Opposite Party has waived the condition of payment of minimum booking amount of Rs.25,000/-. Therefore the Complainant has not paid the minimum booking amount of Rs.25,000/- do not apply to the facts and circumstances in this case and the Complainant paid sum of Rs.10,000/- for booking the car with the 3^rd Opposite Party is accepted.

9. The 3^rd Opposite Party/dealer in his written version stated that he made several attempts to contact the Complainant all went in vain and there was no response from the Complainant. The Complainant furnished his Mobile no in Ex.B1 order form itself. However this Opposite Parties never called the Complainant to his Mobile and informed him anything. Even after receiving Ex.A4 notice he did not reply to the Complainant. This fact clearly proves that the 3^rd Opposite Party never contacted the Complainant to inform anything about the car booked by the Complainant. On the other hand the Complainant regularly contacted the Opposite Party and he informed that he will make a call for payment of remaining car price.  This particular fact was not denied  specifically  by the 3^rd Opposite Party in his written version that the Complainant periodically contacted the 3^rd Opposite Party to know about the status of the car booking by him.  Further even after receipt of notice in the month of January, 2014 and according to the 3^rd Opposite Party discount offer was over and he had not made any arrangements to refund the booking amount is fault on the part of the 3^rd Opposite Party. Therefore we hold that the 3^rd Opposite Party failed to inform the Complainant about the status of booking and also failed to refund the booking amount is deficiencies on the part of the 3^rd Opposite Party.

          10. The Complainant booked the car only with the 3^rd Opposite Party in respect of booking and the delivery of car 1^st and 2^nd Opposite Party have no privity of contrary with the Complainant. Therefore the 1^st & 2^nd Opposite Parties have not committed any deficiency in this regard.

11. POINT NO :2

The Complainant prayed to direct the Opposite Parties to deliver the car in the offer price. However no proof filed by the Complainant that he is ready with money to pay the further balance amount. In Ex.B1 in the finance column, it has been stated through Government Loan i.e the Complainant wants to purchase the car by availing the Government Loan. No proof filed by him to show that the said loan was sanctioned in his favour. Hence, it would be appropriate to order in the circumstances of the case that to refund the booking amount of Rs.10,000/- to the Complainant would meet ends of justice. The 3^rd Opposite Party booked the car on the offer price and subsequently said that the offer period was over is nothing but an unfair trade practice. Such unfair trade practice and deficiency in service caused mental agony to the Complainant is sustainable and therefore it would be reasonable to order a compensation for a sum of Rs.10,000/- to the Complainant towards mental agony, besides a sum of Rs.5,000/- towards litigation expenses. The 1^st & 2^nd Opposite Parties have not committed any Deficiency in Service.  The Complaint in respect of the other relief sought for and also the Complaint against the 1^st and 2^nd Opposite Parties are dismissed.

In the result the Complaint is partly allowed. The 3^rd Opposite Party is ordered to refund a sum of Rs. 10,000/-(Rupees ten thousand only) towards booking amount to the Complainant and also to pay a sum of Rs.10,000/-(Rupees ten thousand only) towards compensation for  mental agony, besides a sum of Rs.5,000/-(Rupees five thousand only)  towards litigation expenses.

The above amount shall be paid to the Complainant within 6 weeks from the date of receipt of the copy of this order failing which the above said amount shall carry 9% interest till the date of payment. The Complaint in respect of the other relief sought for and also the Complaint against the 1^st and 2^nd Opposite Parties are dismissed.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 21^st   day of June 2016.

 

MEMBER – II                                                               PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 04.11.2013                   Booking details & payment of Rs.10,000/-

                  

Ex.A2 dated 04.11.2013                   Proforma             

 

Ex.A3 dated 04.11.2013                   Price list

                  

Ex.A4 dated 31..12.2013                  Legal Notice                  

 

Ex.A5 dated NIL                     Acknowledgement card by 1^st Opposite Party    

 

Ex.A6 dated NIL                     Acknowledgement card by 2^nd  Opposite Party

 

Ex.A7 dated NIL                     Acknowledgement card by 3^rd  Opposite Party

 

Ex.A8 dated NIL                     E-mail reply by 1^st Opposite Party  

 

LIST OF DOCUMENTS FILED BY THE 1^st & 2^nd  OPPOSITE PARTIES :

                                                …….NIL …….

LIST OF DOCUMENTS FILED BY THE 3^rd   OPPOSITE PARTY :

Ex.B1 dated 03.11.2013                   Chennai Ford Order Form

 

 

MEMBER – II                                                               PRESIDENT