Consumers
who are lured by the news paper advertisements in which the builders promise
free sites, bumper specials, two wheelers, gold and silver articles, often get
an unpleasant surprise after they have spent their hard earned money on such
schemes.
In a
bizarre incident, Mr. Sanaullah became a member of a scheme offered by Classic
Land Developers, to buy two sites in one of their Township. He also entered into a monthly draw scheme of
the firm and won the first prize of a Maruti Omni Van. It was delivered to him in January 1997, but
the vehicle was in the name of one Mr. Madhava Rao, the Partner of Classic Land
Developers; and it was hypothecated with M/s. Wipro Finance Ltd.
In 1997,
Mr. Sanaullah was informed by M/s. Wipro Finance Ltd., that Classic Land
Developers has not paid 8 instalments and the vehicle would be seized and this
was also informed to Mr. Madhava Rao. The vehicle was repossessed by Wipro
Finance Ltd. After complaining to the
firm, the vehicle was given back to Mr. Sanaullah but the registration was not
transferred in his name.
In 1998,
Wipro Finnance Ltd., informed the Complainant again that Classic Land
Developers have not paid six instgalments and the vehicle was again repossessed
by them.
Inspite of
many reminders, the firm did not provide an alternative vehicle as promised and
Mr. Sanaullah finally lodged his complaint with the Consumer Disputes Redressal
Forum, Bangalore Urban District. In the
said case, the Classic Land Developers told the Forum that since the
transaction took place in 1995, the complaint was barred by time and also that
the consumer forum had no jurisdiction to entertain the complaint.
However, the Consumer Forum ruled that it was
clear that the Maruthi Van was given to the complainant under the bumper draw
but it was snatched back from him because of the default on the part of the
Opposite party in paying the monthly amounts.
This was deficiency in service; and it accordingly passed orders and
directed the Classic Land Developers to pay Rs.72,000/- to the Complainant
along with Rs.2,000/- towards costs within four weeks of receiving the
order.
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