By Sri. M.S. Sasidharan, Member:
The complainant’s case is that he purchased a new “Hyundai Getz” car from the respondents seeing their advertisement that they will given an amount of Rs.30,000/- as bonus exchange in respect of purchase of Hyundai car from the respondent. At the time of purchase of the car the authorized person of the respondents agreed and promised that they would give an amount of Rs.30,000/- as exchange bonus/loyalty prize within one month from the date of purchase. Subsequently they could not keep up their words. On demand they said that they are not in a position to pay Rs.30,000/- and they are prepared to pay Rs.10,000/-. In spite of the repeated requests and demands the respondent has not paid the amount as shown in the advertisement. Hence the complaint filed.
2. The counter averments are that the complainant has purchased a “Hyundai Getz” car and it is also true that the respondent had advertised in Malayala Manorama daily dt. 28.8.06 as a ponnonam offer and in that advertisement this respondent has clearly mentioned about the festival offer of different vehicles and in that advertisement “Getz” was offered upto Rs.30,000/- off including loyalty/exchange bonus. All the purchasers are not entitled for this complete amount. It depends upon the vehicle they bring for exchange. As regards the purchase made by the complainant he was given his offer. The existing price at Thrissur for Getz GLE was Rs.4,22,110/- as on 1.9.2006. The complainant is billed only Rs.4,01,601/- and thereby a festive prize of Rs.20,509/- is given and the respondent has offered an exchange bonus a cash payment of Rs.10,000/- which was not accepted by the complainant. Altogether the complainant was offered an off more than Rs.30,000/- including exchange bonus. The offer as per the advertisement made by the respondent was given to the complainant. The respondent is ready to pay Rs.10,000/- in cash. Hence dismiss the complaint.
3. The points for consideration are:
(1) Is the complainant entitled to get the amount claimed?
(2) Is there any unfair trade practice committed by the
respondent in this case?
(3) If so, reliefs and costs.
4. The evidence adduced are the oral testimony by PW1, Exts. P1 to P5 series and Ext. R1 and R2.
5. Points: The complainant purchased the Hyundai Getz car from the respondents exchanging his ambassador car believing their offer made in the advertisement that the respondent will give an amount of Rs.30,000/- as bonus exchange. At the time of purchase the respondents agreed and promised that they would give Rs.30,000/- as advertised. But they did not keep their words and the amount offered has not been given in spite of repeated requests. The complainant claims that he is entitled to get Rs.30,000/- as offered by the respondents. The respondents denied the allegation that they have stated that the amount offered as per the advertisement was upto Rs.30,000/-. All purchasers are not entitled for the complete amount. It depends on the vehicle that bring for exchange. They have also stated that existing price at the time of purchase was Rs.4,22,110/- and the complainant was billed only Rs.4,01,601/- and they were ready to give Rs.10,000/- in cash.
6. The complainant has stated that the respondents were offered Rs.30,000/- as exchange bonus as per their advertisement. The respondent has stated that the offer made as per the advertisement was upto Rs.30,000/- and all the purchase are not entitled to get the amount completely. Ext. P4 is the disputed advertisement. It is perused. It is true that the amount offered is upto Rs.30,000/-. However no condition is stated for getting the offer. And it is not stated that the amount depends on the vehicle that brought for exchange. Hence advertisement like this comes part of unfair trade practice.
7. Another contention raised by the respondent is that the complainant was given a festive prize of Rs.20,509/- by them. As per Ext. P1 retail invoice the debit amount is Rs.4,19,580/- and not Rs.4,01,601/- as stated by the respondent. Hence they are liable to give Rs.30,000/- to the complainant.
8. In the result complaint is allowed and the respondent is directed to pay Rs.30,000/- (Rupees thirty thousand only) to the complainant with cost Rs.500/- (Rupees five hundred only) within one month from the date of receipt of copy of this order. If not, Rs.30,000/- will carry interest at the rate of 12% per annum from the date of complaint till realisation.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 28th day of September 2012.
