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SC/5/A/353/2019 M/s B.M. Hyundai 29.01.2026

& Vs.

SC/5/A/402/2019 Sh. Bhagwan Singh Negi and Anr.

AND

Hyundai Motors India Pvt. Ltd.

Vs.

Sh. Bhagwan Singh Negi and Anr.

STATE CONSUMER DISPUTES REDRESSAL COMMISSION UTTARAKHAND,

DEHRADUN

Date of Institution : 28.11.2019

Date of Final Hearing : 22.01.2026

Date of Pronouncement : 29.01.2026

SC/5/A/353/2019

M/s B.M. Hyundai

B.M. Auto Sales Pvt. Ltd.

100 – A Rajpur Road, Dehradun

(Through: Sh. Sahil Gulati, Advocate)

…..Appellant

VERSUS

1. Sh. Bhagwan Singh Negi S/o Sh. Chander Singh Negi

R/o 4/4 New Enclave

Vasant Vihar, Dehradun

(Through: Sh. Pardeep Bartwal, Advocate)

……Respondent No. 1

2. Hyundai Motor India Ltd.

Head Office: 2^nd, 5^th & 6^th Floor

Corporate Plot No. 5, Commercial Centre,

Jasola, New Delhi

(Through: Sh. Nitin Kumar, Advocate)

…..Respondent No. 2

AND

Date of Institution: 15.11.2019

Date of Final Hearing: 22.01.2026

Date of Pronouncement: 29.01.2026

SC/5/A/402/2019

Hyundai Motors India Pvt. Ltd.

5^th Floor, Corporate One Baani Building

Plot No. 5, Commercial Centre, Jasola, New Delhi

(Through: Sh. Nitin Kumar, Advocate)

….Appellant

1

SC/5/A/353/2019 M/s B.M. Hyundai 29.01.2026

& Vs.

SC/5/A/402/2019 Sh. Bhagwan Singh Negi and Anr.

AND

Hyundai Motors India Pvt. Ltd.

Vs.

Sh. Bhagwan Singh Negi and Anr.

Vs.

1. Sh. Bhagwan Singh Negi S/o Sh. Chander Singh Negi

R/o 4/4 New Enclave, Vasant Vihar, Dehradun

…..None for Respondent No. 1

2. B.M. Hyundai, B.M. Autosales Pvt. Ltd.

100-A, Rajpur Road, Dehradun

….. None for Respondent No. 2

Coram:

Ms. Kumkum Rani, President

Mr. C.M. Singh, Member

ORDER

(Per: Mr. C.M. Singh, Member):

Both the appeals have been directed against the common judgment

and order dated 24.08.2019 passed by the learned District Consumer

Disputes Redressal Forum, Dehradun (hereinafter to be referred as the

District Commission) in consumer complaint No. 217 of 2014, Sh.

Bhagwan Singh Negi vs. Hyundai Motor India Ltd. and Anr., wherein and

whereby the complaint was allowed directing the opposite parties, jointly

or severally, to pay Rs. 25,000/- as exchange bonus alongwith Rs. 10,000/-

as compensation for mental agony and Rs. 3,000/- for costs of litigation

within 30 days, failing which the complainant is entitled to get simple

interest @ 9% per annum from the date of filing of consumer complaint till

actual payment from the opposite parties.

2. As both the appeals have arisen from the same judgment and order

dated 24.08.2019, therefore, it is just, proper and convenient to decide them

together.

2

SC/5/A/353/2019 M/s B.M. Hyundai 29.01.2026

& Vs.

SC/5/A/402/2019 Sh. Bhagwan Singh Negi and Anr.

AND

Hyundai Motors India Pvt. Ltd.

Vs.

Sh. Bhagwan Singh Negi and Anr.

3. For the sake of convenience, the parties in present matter are

hereinafter referred to as per position held in the consumer complaint.

4. The facts giving rise to the present appeal, in brief, are as such that

on dated 24.09.2013 the complainant – Sh. Bhagwan Singh Negi visited the

showroom of the opposite party No. 2 – M/s B.M. Hyundai, B.M. Auto

sales Pvt. Ltd., Dehradun for the purchase of new car ‘Hyundai i10’ and

was assured by the authorised representative of opposite party No. 2 that

under exchange scheme, the complainant would receive Rs. 30,000/-

towards the value of complainant’s old car alongwith exchange bonus of

Rs. 25,000/-. Relying on these assurances, the complainant deposited

Rs. 5,000/- on dated 24.09.2013 and purchased a new car on dated

24.10.2013. At the time of purchase, the complainant was informed that full

sale consideration had to be paid upfront and that exchange value and bonus

would be realize thereafter. Acting on this, the complainant paid the balance

amount of Rs. 4,66,221/- through cheque and the old car of the complainant

was taken by the opposite party No. 2.

5. Although Rs. 30,000/- towards value of old car was paid within 10

days, but exchange bonus of Rs. 25,000/- was withheld on one pretext or

the other. The opposite party No. 2 demanded copy of insurance policy of

the old car which was submitted by the complainant on dated 09