Consumers
who are lured by newspaper advertisements in which 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. Mr. I. S. Sanaullah became a member of a scheme offered by Classic
Land Developers in Mahalakshmi Layout, to buy two sites in their Balaji
Township.
He also
entered 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 Wipro Finance Ltd.
In 1997,
Mr. Sanaullajh was informed by Wi pro Finance Ltd. that Classic Land Developers
has not paid 8 installments and the vehicle would be seized and this was also
informed to Mr. Madhava Rao. The vehicle was repossessed by Wi pro Finance Ltd.
After complaining to the firm, the vehicle was given back to Mr. I.S. Sanaullah
but the registration was not transferred in his name! In 1998, Wipro Finance
Ltd. informed the complainant again that Classic Land Developers has not paid
has not paid six installments and the vehicle was again repossessed by them!
In spite of
many reminders, the firm did not provide an alternative vehicle as promised and
Mr. Sanaullah finally complained to the Consumer Disputes Redressal Forum,
Bangalore Urban District, Classic Land Develop- ers 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 juris- diction to entertain the complaint.
Forum
President M N Shankar Bhat and Member D Nagarathnarnma 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. It ordered
Classic Land Developers to pay up Rs.72,OOO to the complainant along with
Rs.2,OOO as costs within four weeks of receiving the order.
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