For denying exchange bonus to Panchkula resident, district consumer disputes redressal forum, Chandigarh, held the car manufacturer and dealer deficient in services.
Disposing of a complaint by RK Mudgil, a resident of Sector 16, Panchkula, the forum directed Hyundai Motors India Limited and dealer Charisma Gold Wheels Private Limited to pay exchange discount of Rs 15,000 to the complainant along with 9% interest from December 2012 till realisation. He would also get Rs 7500 as cost of litigation.
In his complaint, Mudgil said he had purchased sleek silver LMV petrol Hyundai i20 automatic car from Charisma Gold Wheels Private Limited in January 2012.
He said at the time of purchase, he was informed that an amount of Rs 15,000 would be reimbursed to him in case he produced the registration copy of both new as well as old car owned by him, within 100 days of the purchase of the new car.
He got his new car registered and applied for registration certificate of his old Maruti Alto car which he had sold to a Manimajra resident, but owing to technical snag his request was not processed. He filed for the exchange bonus claim and explained the reasons for delay.
In his complaint, he said his claim for exchange bonus which was denied illegally and arbitrarily by Hyundai Motors India Limited and Charisma Gold Wheels Private Limited on the pretext that the claim cannot be processed after the deadline.
Mudgil said the delay in filing the claim was due to delay at registration and licensing authority, Chandigarh, therefore, his claim was wrongly rejected.
In its reply, Charisma Gold Wheels Private Limited said it was in no manner liable to pay any amount to the complainant, as the claim was rejected by Hyundai Motors India Limited as it was filed beyond the stipulated period of 100 days.
Hyundai Motors India Limited, in its reply, said the exchange bonus policy was subject to certain terms and conditions and required submission of requisite documents within the prescribed time limit. The company said Mudgil failed to fulfil the mandatory conditions and thus claim was rightly rejected.
The consumer forum in its order dated December 24, 2012, said, “The circumstances show that the delay in issuance of the registration certificate of old car was only on account of procedural tangles in the office of registering and licensing authority, Chandigarh, for which the complainant cannot be blamed. We find that both - Hyundai Motors India Limited and Charisma Gold Wheels Private Limited are guilty of deficiency in service because the genuine claim of the complainant was denied by them on account of the delay for which the complainant cannot be blamed.”