MAPUSA
A court pulled up a car company and its dealer in Goa for unfair trade practice and granted a compensation of Rs 2 lakh to a customer.
The Consumer Disputes Redressal Forum (North Goa) has directed Quadros Automark, a dealer at Karaswada-Mapusa and Renault India Private Ltd, Chennai, to pay the consumer, Manohar Lamgaonkar, a businessman from Bicholim, a compensation for deceptive and unfair trade practice.
On July 6, 2013, the customer, Manohar Lamgaonkar booked a Renault Duster SUV car based on a scheme launched by the dealer and the company celebrating its 2nd anniversary of Renault India.
The offer comprised of assured gifts worth Rs 2 crores and a chance to win a trip for two to Paris on booking of a Renault vehicle.
After booking the vehicle, Lamgaonkar was declared as a lucky winner through an SMS. Thereafter, his photo and the news of him winning a trip to Paris were also published on a local newspaper.
But when he went to claim his offer prize, the dealer and the company denied him the offer on one pretext or the other.
The dealer contended that he ceased to be the dealer of the company from January 2016. He further said that he was not liable to satisfy the claim of the consumer as the offer was floated by the company and that he was merely a facilitator between the consumer and the company.
The consumer forum observed that the company made a submission in most casual and callous manner, which was not supported by any resolution or authorization of the company. The company said that they were maliciously made party to the proceedings. They also raised an issue with the pecuniary jurisdiction of the forum over the complaint.
By denying the offer of a free trip to Paris, the consumer, Manohar Lamgaonkar said he was put to shame before his friends, well-wishers and relatives. He also said that he and his family had to go through lot of mental stress as they were excited to avail the offer and even had to drop their plans for holidays on two occasions.
In its order, the forum president, S Vales and members Varsha Bale and A De Oliveira observed that it was more than evident in the case that the complainant was the victim of deceptive and unfair trade practice adopted by both the dealer and the company.
It observed that the dealer was equally liable along with the company to compensate the consumer for the mental anguish and harassment that he suffered.
"The service provider or the seller must understand the consumer needs, and it must provide a product or service that delivers the promised benefits instead of adopting of such deceptive, misleading unfair trade practice," the forum observed. The forum also rapped the consumer for failing in his duty in seeking proper details from the dealer and the company.
The complainant's plea for Rs 13 lakh compensation was negated by the forum as the complainant failed to establish monetary losses that he suffered on account of the unfair trade practice. It has also directed the two to pay Rs 25,000 as costs of the complaint.
A court pulled up a car company and its dealer in Goa for unfair trade practice and granted a compensation of Rs 2 lakh to a customer.
The Consumer Disputes Redressal Forum (North Goa) has directed Quadros Automark, a dealer at Karaswada-Mapusa and Renault India Private Ltd, Chennai, to pay the consumer, Manohar Lamgaonkar, a businessman from Bicholim, a compensation for deceptive and unfair trade practice.
On July 6, 2013, the customer, Manohar Lamgaonkar booked a Renault Duster SUV car based on a scheme launched by the dealer and the company celebrating its 2nd anniversary of Renault India.
The offer comprised of assured gifts worth Rs 2 crores and a chance to win a trip for two to Paris on booking of a Renault vehicle.
After booking the vehicle, Lamgaonkar was declared as a lucky winner through an SMS. Thereafter, his photo and the news of him winning a trip to Paris were also published on a local newspaper.
But when he went to claim his offer prize, the dealer and the company denied him the offer on one pretext or the other.
The dealer contended that he ceased to be the dealer of the company from January 2016. He further said that he was not liable to satisfy the claim of the consumer as the offer was floated by the company and that he was merely a facilitator between the consumer and the company.
The consumer forum observed that the company made a submission in most casual and callous manner, which was not supported by any resolution or authorization of the company. The company said that they were maliciously made party to the proceedings. They also raised an issue with the pecuniary jurisdiction of the forum over the complaint.
By denying the offer of a free trip to Paris, the consumer, Manohar Lamgaonkar said he was put to shame before his friends, well-wishers and relatives. He also said that he and his family had to go through lot of mental stress as they were excited to avail the offer and even had to drop their plans for holidays on two occasions.
In its order, the forum president, S Vales and members Varsha Bale and A De Oliveira observed that it was more than evident in the case that the complainant was the victim of deceptive and unfair trade practice adopted by both the dealer and the company.
It observed that the dealer was equally liable along with the company to compensate the consumer for the mental anguish and harassment that he suffered.
"The service provider or the seller must understand the consumer needs, and it must provide a product or service that delivers the promised benefits instead of adopting of such deceptive, misleading unfair trade practice," the forum observed. The forum also rapped the consumer for failing in his duty in seeking proper details from the dealer and the company.
The complainant's plea for Rs 13 lakh compensation was negated by the forum as the complainant failed to establish monetary losses that he suffered on account of the unfair trade practice. It has also directed the two to pay Rs 25,000 as costs of the complaint.
