Complaint Case No.306/2008
Date of Institution 8-12-2008
Date of Decision 11-11-2009
Shri Dinesh Kumar Sharma c/o H.P. State Co-operative Bank Ltd B.O. BSL Colony Purana Bazar, Mandi Tehsil Sundernagar, District Mandi, H.P.
…Complainant
V/S
1. Hyundai Motors India Ltd Marketing and Sales Regional Office A-30 Mohan Co-operative Industrial Area Mathura Road New Delhi. 110044
2. Managing Director ,Sant Hyundai, NH 20.1 KM Stone Mataur- Palampur Road Ghurkharia Kangra, H.P.
…..Opposite parties
For the complainant Sh.C.L.Awasthi Advocate
For the opposite party No.1 Sh. Dinesh Sharma Advocate
vice Sh.Abhisek Pal, Advocate
For the opposite party No.2 Sh. Pankaj Chandel Advocate
Complaint under Section 12 of the
Consumer Protection Act, 1986.
ORDER.
This order shall dispose of a complaint under Section 12 of the Consumer Protection Act, 1986
( hereinafter referred to as the “Act”) instituted by the complainant against the opposite parties . The case of the complainant is that he is working in H.P. State Co-operative Bank, BSL Colony Sundernagar. The complainant averred that he purchased a car bearing chassis No.288832 engine No.423457 Model 2008 from the opposite party No.2 and at the time of purchasing the car the company has launched a scheme for H.P. State Government Employees and also Exchange offer for old car. That the complainant was covered under both the above conditions and sold his old car and submitted the registration certificate to the opposite parties. The complainant further averred that the at the time of delivery of the car , the opposite parties have assured regarding Special Navratra Offers to the complainant and in lieu thereof they would pay Rs.14000/- to him within 45 days from the date of delivery of the new car . The complainant averred that the delivery of the car was given at Sundernagar by obtaining the signatures on blank papers by saying that these are necessary formalities for the above said offer of the vehicle and till date the opposite parties have not paid any amount to the complainant despite telephone and personal contact of the complainant . The complainant averred that the opposite parties were served with legal notice dated 4-11-2008 and the same was not responded . With these allegations, the complainant had sought a direction to the opposite party to pay Rs.14,000/- alongwith interest . Apart from this litigation expenses have also been claimed.
2 The opposite party No.1 has filed reply and pleaded that the complaint is based on wrong and misleading facts and completely devoid of any merit , that the opposite party No.1 operates on principal to principal basis with all its dealers , that the error, omission or misrepresentation, if any , by the dealer concerned at the time of retailing the services of the car is sole responsibility of the said dealer and its liability is limited and extends to its warranty obligations alone , that the complaint has been filed by the complainant praying for a sum of Rs.14000/- towards the exchange bonus and under the alleged Navratra offers apart from interest and costs but Navratra Offers advertisement on which reliance has been placed by the complainant was not published by it and it was of M/S Tapan Hyundai another authorized dealer of the opposite party No.1 and that the Exchange bonus offer is payable subject to certain formalities which as per the information available from the opposite party No.2 were not complied with by the complainant , that there exists no cause of action agaisnt the opposite party No.1. On merits , the opposite party No.1 has admitted the purchase of the Hyundai car on 30-4-2008 from M/S Sant Hyundai , Kangra , H.P. and that there was State Government Employees Scheme and the Exchange Bonus but the same was subject to certain terms and conditions . It has been contended that the complainant had not fulfilled the terms and conditions of the exchange bonus scheme . The documents were required to be submitted at the Head quarters of the opposite parties within 90 days from the date of invoicing of new car and the transfer of old car was to be effected within 60 days of invoicing of new car to be eligible for the exchange bonus scheme but the documents have not been received within stipulated period . It has further been contended that the matter is inter – se between the complainant and the opposite party No.2 and it had no role to play in the same . It has further been contended that since the complainant failed to fulfill the terms and conditions of the Scheme , he was not entitled for the sum offered under the said scheme. The opposite party No.1 had prayed for dismissal of the complaint.
3 The opposite party No.2 filed reply and resisted the complaint by raising preliminary objections that the complaint is not maintainable in the eyes of law, that the complainant has no cause of action to file the present complaint and that the complainant has not come to the Forum with clean hands . On merits the opposite party No.2 had admitted the purchase of the vehicle by the complainant With regard to Special Navratra offer , the opposite party No.2 has averred that it has done free insurance, central door locking system and other accessories worth Rs.20,000/- whereas the offer as stated was of only Rs.1500/-. It has been admitted that the car was delivered to the complainant at Sunder Nagar at his personal request and PDA slip was signed by the complainant The opposite party No.2 has prayed for dismissal of the complaint qua it.
4. The complainant had filed rejoinder reiterating the averments made in the complaint and controverting the averments made in the reply by the opposite parties .
5 We have heard the ld. counsel for the parties and have also gone through the entire record. The case of the complainant is that he purchased a Santro car from the opposite party No.2 who is dealer of the opposite party No.1 i.e. the manufacturer under the scheme Exchange Offers for old car to the H.P. State Government Employees . According to the complainant , he was entitled to Rs.14,000/- under the said scheme within 45 days from the date of delivery of new car . The further case of the complainant is that a Special Navratra Offer was also made by the opposite party No.2. On the other hand , the case of the opposite party No.2 is that with respect to Special Navratra Offer , the complainant was given free Insurance, central door locking system and other accessories worth Rs.20,000/- and the claim of Rs. 14,000/- was to be paid by the opposite party No.1 after verification. It has not been denied by the complainant in the rejoinder to the reply of the opposite party No.2 that free insurance central door locking and other accessories worth Rs.20,000/- were not given to him by the opposite party No.2 and rather it has been mentioned that the same were not covered under the Exchange and Corporate bonus scheme . Therefore ,so far as the Special Navratra Offer scheme is concerned , the complainant is not entitled to any amount in view of the pleadings of the parties.
6 The opposite party No.1 had admitted that there was State Government Employees and Exchange bonus Scheme but the same was subject to certain terms and conditions . It is not in dispute that the complainant was the employee of the State Govt. According to the opposite party No.1 , as per the terms and condition of the scheme , necessary documents were required to be submitted at the head quarter of opposite party No.1 within 90 days from the date of invoicing of new car and the transfer of the old car was to be effected within 60 days of invoicing of new car to become eligible for the exchange bonus scheme . However as per the case of the opposite party No.1 the complainant has failed to submit the complete set of documents within the prescribed period and, therefore , he was not eligible for the said scheme . It is the specific case of the complainant that he had submitted the documents with the opposite party No.2 within time who is authorized dealer of the opposite party No.1 as mentioned in the rejoinder. Therefore, in our opinion ,it was the duty of the opposite party No.2 to forward the relevant documents within time to the opposite party No.1 . In the reply of opposite party No.2 it has not been stated that the complainant failed to submit the relevant documents within prescribed time rather it has been stated that the claim of Rs,14000/- was to be paid by the opposite party No.1 after verification. There are no pleadings and evidence on record by the opposite party No.2 to suggest that the documents were not submitted within time by the complainant with the opposite party No.2.Therefore, in the absence of any evidence on record , it cannot be said that the documents were not submitted by the complainant within the prescribed period. Hence the non payment of Rs.14,000/- under the concerned scheme amounts to deficiency in service on the part of the opposite parties and both the opposite parties are jointly and severally liable to refund the amount of Rs..14,000/- to the complainant.
7 In the light of above discussion, the complaint is allowed and the opposite parties No.1 and 2 are directed to pay jointly and severally Rs. 14,000/-to the complainant with interest at the rate of 9% p.a. from the date of filing of the complaint till realization. Apart from this the opposite parties are also directed to pay to the complainant Rs.3000 /- on account of compensation for harassment suffered by him due to deficiency in service and also to pay a sum of Rs.1500/- as costs of litigation.
8 Copy of this order be supplied to the parties free of cost as per Rules.
9 File, after due completion be consigned to the Record Room.


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