Name & address of opposite parties… 1.) M/s Shivansh Hyundai (Shivansh
Motors Pvt. Ltd.),
NH 21, Gutkar
Mandi, HP
2.) Hyundai Motors Pvt. Ltd.
Marketing & Sales Headquarters
A-30, Mohan Co-operative Industrial Area Phase-1,
Mathura Road New Delhi - 110044
I, the above named complainant respectfully state before the
Hon’ble Forum the complaint as follows:
1. Whereas I had purchased I10 Kappa Magna Vehicle from 1st party on dated 22 day of June 2009 (copy of retail invoices/bills as Annexure VII).
2. Whereas the website of the company stated the price of the mentioned one vehicle to be Rs.3,92,701 (Rupees Three Lakhs ninety two thousand seven hundred and one only) (copy of webpage as Annexure X), the first party provided with invoice of Rs.4,01,701 (Rupees Four Lakhs one thousand seven hundred and one) (copy of invoice as Annexure IX) and their marketing representative namely Mr. Arun advised that they would provide additional insurance, Sony branded stereo systems with four speakers, good quality foot mats, leather seat covers, original fog lamps and keyless entry for this additional amount and the bill shall be provided with separate costs for these additional features.
3. Still further Mr. Arun also assured return of Rs.15,000/- (Rupees Fifteen thousand only) under exchange old car scheme from the Company, for which the concerned documents shall have to be provided as per requirement of the Company, which were to be notified within one week.
4. Still further they also charged Rs.500, on account of temporary registration of vehicle (copy of receipt of temporary registration as Annexure V) for which the actual charge is Rs.100, stating to provide Number Plates alongwith.
5. Whereas full payment for the vehicle was made on 22nd June 2009, through Demand Draft of Rs.4,00,000/- (Rupees Four Lakhs only) (copy of draft as Annexure IV), to their authorized representative in Kullu, and the balance Cash Payment of Rs.1,243/- (Rupees One Thousand Two Hundred and Forty Three only) (copy of receipt of balance payment as Annexure V) at the Cash Counter in the showroom itself, Mr. Arun pleaded fault in computer system stating to have online billing system and said that they would provide the bills the day after through their authorized representative in Kullu.
6. Mr. Arun also assured that fog lamps were not in stock and shall be provided and fixed within one week in Kullu itself and he also wrote this in one of the documents of the vehicle, which was also not provided. The Leather Seat Covers were also not available and thus ordinary seat covers had to be compromised with. The foot-mats were also of poor quality.
7. Further the stereo system provided by the first party was local made and not Sony branded.
8. The Bills were received after four days, and to my surprise, there was no separate mention of cost of insurance and other additional features, but also the bills were different for same kind of vehicles, with a sum of Rs.8461 (Rupees Eight Thousand Four Hundred and Sixty One only) charged as Other Charges which was not present in the bill of same date of another vehicle of same make and kind. (copy of retail invoices/bills as Annexure VII)
9. When I approached the 1st Party for the redressal of the same, as these bills would invite extra cost of registration on insurance and other additional features as well, they expressed there helplessness regarding the same and passed the buck to their Delhi Office, claiming to have received bills online from Delhi Office.
10. Further the first party also did not provide any documents pertaining to exchange discount of Rs.15,000/- (Rupees Fifteen thousand only).
11. Still further the first party also did not provide fog lamps and number plates even after repeated follow ups with Mr. Arun and their representatives at Kullu.
12. Further it has come to my notice from the insurance policy document that IDV (Insured’s Declared Value) for the vehicle is Rs.3,81,181 (Rupees Three Lakhs Eighty One Thousand One Hundred and Eighty One only) (copy of insurance cover note as Annexure VIII)
13. It seems that Rs. 9500 has been charged extra towards cost of Insurance and other accessories, which are not mentioned in the bill.
14. Still further it has come to my notice that these were not mentioned on the bills because these are provided free to the consumers by the Manufacturer. (Print out of Offer’s News related to Hyundai i10 source from Auto Magazine Auto Car India dated 29th March 2009 published on April 2009 issue as Annexure XI)
15. Whereas the discrepancies were brought to the notice of the company through emails (copy of E-mails along with receipts as Annexure III), but to no avail.
16. Whereas Notice to move to the Hon’ble consumer court was also slashed to both the parties without any effect. (copy of Notice as Annexure I) (copies of receipts of registered post as Annexure II)
17. Where as both the parties have provided false and misleading information, services and prices resulting to a damage of around Rs.10,750/- (Rupees Ten Thousand Seven Hundred and Fifty only)along with non provision of original fog lamps , number plates and also providing Unbranded Local Made Stereo System, poor quality foot mats and seat covers as well as using unfair trade practice to lure the customers with Rs.15,000/- exchange discount.
ENCLOSURES: Signature of Complainant
(a)Copy of Notice (1Nos) (Annexure I) SUBHASH SHARMA
(Name of the complainant/Deponent)
(b) Copies of Postal Receipts of Notices(1Nos) (Annexure II)
(c) Copies of Emails along with receipts(4Nos) (Annexure III)
(d) Copies of Draft (1Nos) (Annexure IV)
(e) Copies of Receipts of Temporary Registration and Balance Payment.(1Nos) (Annexure V)
(f) Copies of Payment Receipts. (1Nos) (Annexure VI)
(g) Copies of Retail Invoices/Bills (2Nos) (Annexure VII)
(h)Copies of Insurance Policy Cover Note(1Nos) (Annexure VIII)
(i) Copies of Invoice (1Nos) (Annexure IX)
(j) Print Out of PRICING Webpage of the Company Website.(1Nos) (Annexure X)
(k) Print out of Offer’s News related to Hyundai i10 source from Auto Magazine Auto Car India dated 29th March 2009 published on April 2009 issue.(1Nos) (Annexure XI)


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