By. Smt. Beena. M, Member:
This is a complaint filed under section 12 of the Consumer Protection Act 1986.
2. Brief facts of the case are given below:
The case of the Complainant is that While booking the Hyundai Grand i10 Magna 1.2 Car from the Opposite Party, the Complainant extended his wish to exchange an old Maruti Ritz car bearing reg. No.KL-73-6684 belonged to his friend Shameer, and the Opposite Party agreed to purchase the old car and at that time the Opposite Party informed that there is an offer as exchange bonus of Rs.50,000/- and also told that they will adjust the value of the old vehicle and the exchange bonus to the total amount to be paid towards the price of the new vehicle. The Opposite Party had fixed Rs.4,43,000/- as the value for the old vehicle. After closing the existing bank loan of Rs.3,07,019/- in respect of the old car, the balance amount of Rs.1,35,981/- was taken as advance amount to the purchase of new vehicle by the Opposite Party. The Complainant further submits that the total amount for the new car comes to Rs.5,27,605.00/- in which the Complainant had paid Rs.1,35,981.00 as the advance and for the balance purchase amount the Complainant arranged a loan with Mahindra Finance for an amount of Rs.4,78,000/- and the said amount was disbursed to the account of Opposite Party on 27-10-2017. So the total amount paid by the Complainant to the Opposite Party comes to Rs.6,13,981/-. As per the transaction details in the order booking form, the price of the new vehicle comes to Rs.5,89,179/- including insurance, tax, registration charge and cost of accessories. Hence the Opposite Party obtained an amount of Rs.24,802/- as an additional amount towards the total price of the vehicle from the Complainant and the Opposite Party is liable to return the said additional amount and also liable to pay the exchange bonus of Rs.50,000/- as agreed at the time of exchange and sale of the new vehicle. The Complainant approached the Opposite Party for return of the above amount, but they were not ready for the same. This act of Opposite Party is Unfair Trade Practice. Even though an amount of Rs.43,408/- is collected from the Complainant towards the road tax for the vehicle price of Rs.5,27,605/- the Opposite Party had paid only Rs.28,776/- to the RTO as road tax on 8-11-2017 by preparing a fake tax invoice showing the vehicle price as Rs.4,79,605/- and gained a monitory benefit of Rs.13,440/-. So many cases are pending against the Opposite Party for looting of tax. The act of non-payment of full amount of tax after receiving the full payment from the Complainant is clear deficiency in service/unfair trade practice. Later on demand by the SRTO Sulthan Bathery, the Complainant was to pay the tax due on 06-06-2018, hence the Opposite Party is liable to repay the same. The Complainant filed this Complaint praying this Commission to direct to return Rs.24,802/-, the additional amount collected from the Complainant towards the total price of the vehicle, direct to pay an amount of Rs.50,000/- as the exchange bonus offered, direct to pay balance tax amount of Rs.13,440/-, direct to pay Rs.50,000/- as compensation and direct to pay Rs.10,000/- as cost of the proceedings.
3. The claim of the Complainant has been resisted and contested by the Opposite Party by filing detailed version, raising preliminary objections as to maintainability. The Opposite party admitted that the Complainant had purchased a brand new Hyundai Grand i10 Magna 1.2 car from them. The Opposite Party stated that they had never purchased any car including the 2014 model Maruti Ritz as stated in the Complaint and all other related matters. Since there was no exchange of vehicle, the question of exchange benefit does not arise and the Complainant is not entitled for the same. The Opposite Party has received only Rs.4,66,800/- from Mahindra Finance towards the above transaction and the allegation that the Opposite Party received a sum of Rs.4,78,000/- from Mahindra Finance is against the true facts. The Complainant was paid only Rs.74,380/- in cash on 08-11-2017, a receipt for payment was also issued in this regard on the same day itself and the vehicle was also delivered on the same day. The Opposite Party has admitted that he had received Rs.43,408/- from the Complainant towards the road tax and registration charges. It was informed to the Complainant at the time of payment that the show room price of the vehicle would be the price after deducting the manufacturer’s discount for the purpose of calculating the road tax since it was the actual amount of consideration received. It was further informed the Complainant that if the Registering Authority refuse to register the vehicle for that amount, the excess amount of Rs.13,000/- collected would be paid to the Registering Authority and if not paid the same would be refunded to the Complainant. Subsequently the Registering authority refused to register the same without deducting the manufacturer’s discount and the Complainant approached the Opposite Party and demanded to return the amount stating that he would make payment. The excess amount of Rs.13,000/- was paid to the Complainant as per crossed cheque No:26745 dated 13/11/2017 drawn on the account of the Opposite Party with State Bank of India, Kainatty branch and the Complainant collected the cheque amount on 14/11/2017. Hence there is no Deficiency in Service/ Unfair Trade Practice on Opposite Party’s side. The above Complaint is intended only to tarnish the goodwill of the Opposite Party for which the Complainant is liable to compensate this Opposite Party. Therefore, the Opposite Party prayed to dismiss the Complaint in his favour.
4. In the light of the above pleadings the points that raised for consideration are:-
1.Whether there is any deficiency in service from the part of the
Opposite Parties?
2. Whether the Complainant is entitled to get exchange bonus of
Rs.50,000?
3. Whether the Complainant is entitled to get any relieves as
prayed for?
5. Point No. 1 to 3 :- For the sake of convenience and brevity all points are considered together.
The Complainant adduced oral evidence and was examined as PW1. One witness brought by the Complainant was examined as PW2 and the documents produced marked as Ext. A1 to A10 and called for documents are marked as Ext.X1 and X2 series. On the side of the Opposite Party Manager in Charge was examined as OPW1 and the Accounts Manager of the Mahindra Finance were examined as OPW2 and Ext.X3 series marked. Ext.A1 is the copy of order booking form, in which the number of the old car is mentioned. As per Ext. A1 the price of the vehicle is shown as Rs. 5,89,180/-, which includes Insurance, Tax & Registration charge and cost of accessories . Ext. A2 is the copy of pre owned car transaction sheet which shows that old car of the Complainant’s friend is transferred in the name of the Opposite Party, so it is clear that the Complainant had entrusted the old car with Opposite Party, so the Complainant is entitled to get the exchange bonus of Rs.50,000/- from the Opposite Party. Admittedly the Complainant purchased a brand new vehicle from the Opposite Party and as per Ext. A4, GST Bill, the value of the vehicle including CGST, SGST etc comes to Rs.5,27,605/- Proving the pre owned car exchange and offer details the Complainant produced Ext. A2 and A9 documents. Pre-owned transaction detail is there in the Ext. A9, the name of the evaluator in Pre-Owned Car Transaction Sheet is Sreejith. OPW1 admitted that Sreejith has worked with the Opposite Party. If the Opposite Party has any doubt regarding the Ext. A2 document they could have very well examine Mr.Sreejith as witness before this Commission who signed in the document as the evaluator of the Opposite Party. No steps had taken to examine Mr.Sreejith. So, the contention of the Opposite Party that there is no transaction regarding the pre-owned vehicle is not believable. However, the Complainant denied the signature on page Nos. 1, 5,11,13,23 of Ext. X1 series the Opposite Party has not taken any steps to prove that was the sign of the Complainant. Moreover, the Opposite Party had not taken any steps to examine the then sales executive, sales head and the Evaluator of pre-owned car.
6. According to the Complainant the Opposite Party had collected Rs.43,408/- towards the road tax and registration charge. At the time of cross-examination of the Complainant, he admitted that Opposite Party issued a cheque for Rs.13,000/- and the same was collected by the Complainant. The Complainant had not mentioned this fact in the Complaint and proof affidavit. The Complainant failed to give a satisfactory explanation regarding this aspect. The other contention of the Complainant is that the financier disbursed Rs.4,78,000/- to the Opposite part’s account. On going through the documents and deposition of OPW2 the loan amount was Rs.4,78,000/- and the financier disbursed only Rs.4,66,800/- to the Opposite Party. The balance amount was deducted towards service charge and the first installment of the loan for which the Opposite Party is not liable. . As per Ext. A9, the customer docket sheet issued by the Opposite Party there is a clause regarding the exchange bonus. However, the Opposite Party had not paid or adjusted any amount towards the exchange bonus. Therefore, the claim of the Complainant regarding the bonus amount is acceptable. From the above facts and the arguments of the Complainant and the Opposite Party, this Commission has come to the view that there has been deficiency in service on the part of the Opposite Party. As the Complainant has admitted that he has got the difference in tax amount of Rs.13,000/- he is not entitled to get an order for the same. Therefore, the Complaint regarding the excess amount and regarding the tax amount cannot be allowed and Commission is of the opinion that the Complaint regarding the exchange bonus is allowable.
In the result, the complaint is partly allowed and
The Opposite Party is directed to pay Rs.50,000/- (Rupees Fifty Thousand only) to the Complainant, being the exchange bonus in respect of the old car.
The opposite party is directed to pay Rs.15,000/- (Rupees Fifteen Thousand only) as compensation towards the deficiency in service/unfair trade practice.
To pay Rs.10,000/- (Rupees Ten Thousand) as cost of the proceedings.
The above order shall be complied within 30 days from the date of receipt of the copy of this order. Failing which the above amount shall carry 8% interest from the date of order till payment.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Commission on this the 27th day of September 2022.
Date of Filing:-13.06.2018
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
APPENDIX.
Witness for the complainant:-
PW1. Ahnas. T. Office Staff.
PW2. Shameer. A. B. Business.
Witness for the Opposite Party:-
OPW1. Ameen. C. Manager In Charge.
OPW2. Jobish. P. J. Accountant, Mahindra
Finance.
Exhibits for the Complainant:-
A1. Copy of Order Booking Form.
A2. Copy of Pre Owned Car Transaction Sheet.
A3. Copy of Letter from Mahindra Finance. Dt:01.11.2017.
A4. Goods and Service Tax Invoice. Dt:08.11.2017.
A5. Copy of Goods and Service Tax Invoice. Dt:08.11.2017.
A6(a). Copy of Form C.R. Tem. Dt:09.11.2017.
A6(b). Copy of Form TR5. Dt:08.11.2017.
A6(c ). Copy of Vehicle Data Sheet.
A6(d). Copy of Sale Certificate. Dt:08.11.2017.
A6(e). Form No.60. dt:08.11.2017.
A7. Copy of Registration Certificate.
A8. Letter from Transport Commission Thiruvananthapuram. Dt:10.05.2018.
A9. Customer Docket.
A10. Vehicle History Report for Registration Number KL 73 6684.
X1(a). Copy of New Registration Form.
X1(b). Copy of Form TR5. Dt:08.11.2017.
X1(c ). Copy of Form C.R. Tem. Dt:09.11.2017.
X1(d). Copy of Application for Registration of a Motor Vehicle.
X1(e). Copy of Certificate of Inspection of Motor Vehicle.
X1(f). Copy of Sale Certificate. Dt:08.11.2017.
X1(g). Copy of Form 22.
X1(h). Copy of Vehicle Data Sheet.
X1(i). Copy of Goods and Service Tax Invoice. Dt:08.11.2017.
X1(j). Form No.60. dt:08.11.2017.
X1(k). Copy of Aaadhar.
X2(a). Copy of Bank Payment Voucher. Dt:13.11.2017.
X2(b). Order Booking Form.
X2(c). Extended Warranty.
X2(d). Pre-owned Car Transaction Sheet.
X2(e). Hyundai Genuine Accessories Time and Cost Estimate.
X2(f). Vehicle Registration Process and undertaking.
X2(g). Deliver Checklist.
X2(h). Ledger Account.
X2(i). Grand i10 Magna Price Details.
X2(j). Copy of Retail Invoice. Dt:30.10.2017.
X2(k). Copy of Vehicle Data Sheet.
X2(l). Copy of Insurance Policy Certificate cum Policy Schedule Cum
Receipt.
X2(m). Copy of Aaadhar of Complainant.
X2(n). TP Request Wayanad.
X2(o). Copy of Cash Receipt. Dt:08.11.2017.
X2(p). Copy of Cash Receipt. Dt:08.11.2017.
X2(q). Delivery Order/Vehicle Release Authorization.
X2(r). Copy of Statement.
X2(s). Copy of Statement.
X2(t). Copy of Statement.
X2(u). Account Statement.
X2(v). Copy of Sanction Form. Dt:13.11.2017.
Exhibits for the Opposite Party:-
B1. Copy of Bank Pass Book.
X3(Series). Statement of Account and Repayment Schedule issued by
Mahindra Finance.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
ASSISTANT REGISTRAR
CDRC, WAYANAD.
