DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH Complaint Case No | : | 140 OF 2011 | Date of Institution | : | 16.03.2011 | Date of Decision | : | 28.12.2011 |
Smt. Paramjit Kaur w/o Hardev Singh, R/o Kothi No. 288, Phase-VII, Mohali, SAS Nagar, Punjab. ---Complainant V E R S U S [1] Ultimate Automobiles Pvt. Ltd., 154-155, Industrial Area, Ph-I, Chandigarh. [2] Hyundai Motor India Ltd., DLF Tower-B, 3rd Floor- IT Park, Chandigarh. ---Opposite Parties BEFORE: MRS.MADHU MUTNEJA PRESIDING MEMBER SH.JASWINDER SINGH SIDHU MEMBER Argued By: Sh. Mukhbir Singh, Adv. for the Complainant. Sh. Aftab Singh Khara, Adv. for the OP No.1. Sh. Hitesh Pandit, Adv . for OP No.2. PER MADHU MUTNEJA, PRESIDING MEMBER 1. Briefly stated, the Complainant had purchased a vehicle from OP No.1 for a consideration of Rs.3,55,631/-. At the time of purchase, the OPs had floated a scheme by which the purchaser would be entitled to a discount of Rs.2,000/- under corporate discount and Rs.10,000/- as exchange discount subject to terms and conditions. The complainant has stated that all relevant papers for availing the said discount was submitted by her to the OPs. But these amounts have not yet been released by the OPs to her. She has thus filed the instant Complaint, with a prayer that the OPs be directed to pay the amount of Rs.12,000/-, along with interest and compensation. 2. After admission of the complaint, notice was sent to the OP. 3. OP No.1 in reply has submitted that after the sale of the vehicle and on receipt of all documents from the Complainant, the claim was forwarded to HMIL. They have further submitted that they are not in position to make payment of the exchange claim out of their own sources, as this scheme was floated by OP No.2, who had not approved the claim, so far. OP No.1 has further submitted that the corporate claim of Rs.2000/- was approved and sanctioned by OP No.2 (HMIL) and the same was offered to the customer, but she has refused to accept the money saying that the total amount of Rs.12,000/- be released to her. The exchange claim for Rs.10,000/- has not yet been sanctioned by OP No.2, despite OP No.1 forwarding all required papers, as well as reminders to them. On merits, OP No.1 has admitted the sale of the vehicle to the Complainant. Also reiterating the above contentions, OP No.1 has prayed for dismissal of the Complaint, stating that there is no deficiency in service or unfair trade practice on their part. 4. OP No.2 in reply has taken the preliminary objection that the Complainant was never entitled for the exchange bonus, as she never submitted any documents relating to the exchange bonus scheme to them. The corporate bonus of Rs.2000/- had already been disbursed to OP No.1 for onward payment to the Complainant in September, 2010. The exchange bonus was not payable as the Complainant failed to fulfill the mandatory condition of submission of documents for her entitlement to the exchange discount. These documents included (i) invoice, (ii) registration certificate of old car, (iii) registration certificate of old car after transfer in the name of new purchaser, (iv) transfer of ownership fee receipt. The exchange claim was valid only if claims were received by OP within 120 days from the date of sale of new vehicle and is valid only if the old car was transferred either 30 days prior or 105 days after the purchase of the new Hyundai car. As per the dealership agreement between OPs No.1 & 2, the dealer is not authorized to make any commitment on behalf of OP No.2 and OP No.2 cannot be held liable for any misrepresentation or commitment by OP No.1 or its employees to the Consumer. On merits, OP No.2 has taken the same contentions as in the preliminary objections. They have submitted that there is no document placed on record by the Complainant that she has applied with the terms and conditions of the exchange bonus and has sold her old vehicle to a third party. Hence, there is no reason for payment of exchange bonus to her. OP No.2 has, therefore, also prayed for dismissal of the Complaint. 5. Parties led evidence in support of their contentions. 6. We have heard the learned counsel for the parties and have perused the record. 7. The Complainant has purchased the vehicle manufactured by OP No.2 from OP No.1 on 20.02.2010. The date of submission of papers to OP No.1 for both exchange and corporate discount have not been mentioned on the documents placed on record by the complainant. However, OP No.1 has submitted the relevant documents. Page 2 of Annexure R-1/2 is an e-mail dated 15.03.2010 from OP No.1 to OP No.2, which contains details of the exchange claim of Rs.10,000/- due to the Complainant. Again page 2 of Annexure R-1/3 is an e-mail dated 14.07.2010 by OP No.2 to OP No.1 which shows the date of transfer of the old car to one Sh. Parminder Singh on 26.02.2010. The complainant has purchased the new car from OP No.1 on 20.02.2010. It is, thus, evident from these documents that the old car was sold by the Complainant within the stipulated requirement of 105 days and the claim was also forwarded by OP No.1 to OP No.2 within the stipulated requirement of 120 days. The complainant thus meets all the requirements for her eligibility for the exchange bonus of Rs.10,000/-. The corporate bonus of Rs.2,000/- has already been offered to her but she has not yet accepted the amount. 8. Refusal by OP No.2 for making the payment to the Complainant for the exchange bonus in such a situation would amount to absolute negligence and deficiency in service in performing their duty. The Complainant has complied with all the requirements for her entitlement for both the corporate as well as exchange discount well within time. We hence allow this Complaint in her favour and direct OP No.2 to release the amount of Rs.10,000/- along with interest @9% p.a. from the date it became due, till the date of payment. As the corporate discount of Rs.2,000/- has already been sent to OP No.1, it should pay this amount to the Complainant. As deficiency in service is by OP No.2 alone, they shall pay an additional sum of Rs.10,000/- to the Complainant towards compensation and costs of litigation. 9. The aforesaid order be complied with by the OPs, within a period of 30 days from the date of receipt of copy of this order, failing which, they would be liable to pay the awarded amount, along with additional interest @3% p.a. from the date of this order, till the date of actual payment. 10. Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room. Announced. 28th December 2010. Sd/- (MADHU MUTNEJA) PRESIDING MEMBER Sd/- (JASWINDER SINGH SIDHU) MEMBER Dutt
DISTRICT FORUM – II | | CONSUMER COMPLAINT NO. 140 OF 2011 | | PRESENT: None Dated the 28th day of December, 2011 | O R D E R Vide our detailed order of even date, recorded separately, the complaint has been allowed. After compliance, file be consigned to record room. |
| | | (Jaswinder Singh Sidhu) | | (Madhu Mutneja) | Member | | Presiding Member |
| | MR. JASWINDER SINGH SIDHU, MEMBER | MRS. MADHU MUTNEJA, PRESIDING MEMBER | , | |
