MARUTI UDYOG LIMITED Vs. DINESH CHAND THAPAK

JUDGEMENT

(1.) Maruti Udyog Limited (MUL) has filed this appeal aggrieved of the order dated 17.11.1999 passed in Case No.64/99 by the District Consumer Disputes Redressal Forum, Jabalpur (for short the 'district Forum' ).

(2.) Brief facts giving rise to this appeal are thus : MUL while celebrating its 15th anniversary in November-December, 1998 authorised its dealers to present a 15 gms. Tanishq gold coin as gift to its customers on the sale of Maruti cars during November-December, 1998. The respondent No.2, the authorised dealer at Jabalpur published an advertisement in the newspapers on the celebration of 15th anniversary, purchase a Maruti vehicle and get a 15 gms.24 carat Tanishq gold coin, the offer was available only upto 31st December, 1998. The respondent No.1 on 21.12.1998 deposited Rs.1,91,575.35 paise, the full price with the respondent for the purchase of a Maruti 800 standard car. The respondent No.2 agreed to deliver the car as per the turn in the seniority list at the time of booking of the car, i. e. on 21.12.1998. MUL restructured the price of their products with effect from 1st January, 1999, whereby the price of Maruti 800 standard was reduced by Rs.25,000/-. According to MUL on restructure of the price the benefit of the gold coin was extended only to Maruti 800 EX, on the booking made upto 31.12.1998 and not on Maruti 800 standard. The respondent No.2 vide invoice No.13318 delivered Maruti 800 standard and issued a sale certificate dated 7.1.1999 to respondent No.1. The respondent No.1 while taking the delivery did not make any demand for the gold coin nor delivery was taken under protest. The respondent No.1 thereafter filed a complaint before the District Forum alleging deficiency in service and unfair trade practice and of cheating as the gold coin at the time of delivery was not given to him under the gift scheme, therefore, claimed gold coin or its value Rs.8,000/- with its interest at the rate of 18% and for mental pain and inconvenience Rs.14,000/- as compensation. The complaint was resisted by MUL and the respondent No.2.

(3.) The District Forum framed 5 points for determination and after appreciation of evidence on record held that the gift scheme was under a sale promotion scheme and that the gold coin or its equivalent value of Rs.7,000/- was to be given as gift with the car at the time of the delivery of the car, which having not been given, the MUL has cheated the respondent No.1. The respondent No.1 was a consumer and was entitled to get the gold coin as a gift as he deposited the full price of the car during the period when the gift scheme was applicable. The scheme does not say that gold coin will be given only to those to whom the car is delivered on or before 31.12.1998. The gift scheme was advertised by MUL to increase the sale of Maruti cars which was lowered down due to high competition in the market of sale of small cars like Hundai, Matize and Tata Indica. The booking of the Tata Indica was quite high, as it was cheaper in the price, therefore, the scheme was advertised. The District Forum further observed that MUL apprehending the adverse effect on the sale of Maruti 800, reduced the price of the Maruti 800 Ltd. and of other models so as to attract the prospective customers. Not giving the gift at the time of the delivery of the car was an act of cheating amounted to unfair trade practice under Sec.2 (1) (r) (ix) of the Consumer Protection Act, 1986 (for short the 'act'), therefore, ordered the MUL either to give 15 gms. , 24 carat Tanishq gold coin or to pay Rs.7,000/- the value of the gold coin with interest thereon at the rate of 18% p. a. from 8.1.1999 with compensation of Rs.5,000/- for mental pain and inconvenience.