DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD
Dated this the 19th day of July, 2023
Present : Sri.Vinay Menon V., President
: Sri.Krishnankutty N.K., Member Date of filing: 24/07/2020
CC/73/2020
T. T. Vijayajumari
W/o P. Dinakaran,
Pulachikkattil House,
Peringode, Parasseri, P. O.
Kongad -2
Palakkad 678 631.
(By Adv.Vinod. K. Kayanat) - Complainant
1. Babumon. C
Sales Executive,
Indus Motor Company Ltd.
Coimbatore Road, Kootupatha,
Chandranagar PO, Palakkad -678007
2. The Manager,
True Value,
Chandranagar Junction ,
Indus Motor Co. Pvt. Ltd,
Coimbatore Road, Kootupatha,
Chandranagar PO, Palakkad -678007
3.The Manager,
Indus Motor Co. Pvt. Ltd,
Coimbatore Road, Kootupatha,
Chandranagar PO, Palakkad -678007
4. Abdul Vahab,
Managing Director,
Indus Motor Co. Pvt. Ltd,
Coimbatore Road, Kootupatha,
Chandranagar PO, Palakkad -678007 - Opposite parties
(By. Adv. J. Kamesh for all OPs )
O R D E R
By Sri.Krishnankutty N.K., Member.
1. Pleadings of the Complainant.
The undisputed fact of the case is that the complainant purchased a new Maruti WagonR car from the opposite party company exchanging an old Cheverlet spark model car. The dispute is regarding the exchange price and the exchange bonus offered in the deal.
Her contention is that she paid Rs. 651740/-as against Rs. 627640/- as per the deal and hence the opposite party company has to refund Rs. 24100/- (wrongly mentioned as Rs. 24105/-in the complaint ).Another allegation is that the opposite party has not given the original RC book, basic kit and extended warranty as promised. Hence this complaint is filed seeking refund of the excess amount as mentioned above, along with a compensation of Rs. 50000/- for deficiency in service apart from cost of litigation.
2. Notices were issued to the opposite parties. They entered appearance and filed joint version. Their contention is that they never offered Rs. 75000/- for the old car at any stage of negotiations as stated in the complaint. The exchange scheme is purely discretionary and they generally accept only the old car owned by the buyer in exchange. In the present case, as a goodwill gesture, they agreed to accept the old car in the name of her son in law and given Rs. 45000/- as the value in the transaction, though the market value would be about Rs. 35000/-.Accordingly there is a loss of Rs. 28992/-to them in the transaction including the cost of accessories worth Rs. 16400/- given to the complainant . The extended warranty and basic kit were not provided as the complainant has not paid for those. As far as the RC is concerned, the complainant has not taken the necessary steps like signing the necessary forms, informing the date of inspection by RTO etc. to be taken by her. Hence, there is no deficiency in service on their part.
3. The complainant filed proof affidavit and marked Ext. A1 to A5 as evidence. Ext. A1,is the Power of Attorney given by the complainant to his Son in law, P. K. Dinesh, Ext. A2 is the tax invoice of the vehicle purchased, Ext. A3 is the delivery receipt issued for the old vehicle, Ext. A4 is the temporary registration certificate of the new vehicle and Ext. A5 is the insurance policy of the new vehicle.
OPs filed their proof affidavit without any documents.
The complainant (PA holder) and OP1 were cross examined as PW1 and DW1,respectively.
4. Based on the proof affidavits, documentary evidence adduced and cross examinations as above, the following conclusions are drawn.
1. Complainant has not filed any document or record (like proforma invoice issued by the OP) about the offers alleged to have been made during the negotiations. Hence we are unable to comment on the promises said to have been made by the opposite parties. The OP have not filed any document regarding the accessories claimed to have been given to the complainant. Further, the complainant has denied having received the accessories during the cross examination.
2. In the matter of RC, there is no evidence to show that it got delayed due to the fault of OP. During the deposition, Power of Attorney holder of the complainant has admitted that the registration formalities were done by her and the vehicle has not been produced before RTO for inspection.(Pages 1 & 2 of deposition)
3. OP stated that the basic kit &extended warranty were not provided as the complainant has not paid for the same. The complainant hasn't raised any objections to this.
4. In the absence of any record of what the promises/offers were made by the OP regarding the exchange deal, we have to depend only on the documents marked to reach a conclusion.
The on-road price of the new vehicle as per Ext. A2,A4&A5 along with the registration and FASTag is worked out as Rs. 647634/- rounded to Rs. 647640/-.
As per the Ext.A3 the exchange price including exchange bonus is Rs.75000/-and by deducting this from the on road price, the amount payable by the complainant for the new car is Rs. 572640/-.As per the proof affidavit and deposition of the complainant, the amount paid is Rs. 576740/-excluding the exchange value. So there is an excess collection of Rs. 4100/- from the complainant which the OP company is liable to refund.
5. In the result, the complaint is partly allowed ordering the following.
1. The OP 2&4 company is directed to refund Rs. 4100/- along with interest from 04/01/2020 till date of payment @10%pa.
2. The OP is also directed to pay Rs. 10000/- as compensation
3. The complainant is entitled to receive Rs. 10000/- as cost from the OP.
4. OP1 is absolved of any liability.
The above amounts are to be paid within 45 days of receipt of this order, failing which the opposite parties are liable to give Rs.250/- as solatium per month or part thereof till the date of payment.
Pronounced in the open court on this the 19th day July, 2023.
Sd/-
Vinay Menon V
President
Sd/-
Krishnankutty N.K.
Member
Appendix
Documents marked from the side of the complainant
Ext. A1:Power of Attorney issued by the complainant in favour of P. K. Dinesh
dated. 15/07/2020.
Ext. A2:Tax invoice dated 04/01/2020.
Ext. A3:True value delivery receipt dated. 23/12/2019.
Ext. A4: Temporary registration certificate dated. 07/01/2020.
Ext. A5:Vehicle insurance policy dated. 04/01/2020.
Documents marked from the side of Opposite party :Nil
Witness examined -Nil
Cost :Rs. 10000/-
NB: Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.
