BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,

ERNAKULAM.

Date of filing : 25/04/2011

Date of Order : 29/10/2011

Present :-

Shri. A. Rajesh, President.

Shri. Paul Gomez, Member.

Smt. C.K. Lekhamma, Member.

C.C. No. 204/2011

Between

And

O R D E R

A. Rajesh, President.

1. Shortly stated, the case of the complainant is as follows :-

Lured by the advertisements of the opposite party on 27-03-2011, the complainant collected all the abandoned articles from her house and approached the opposite party with the same. The opposite party collected the materials and issued coupons worth Rs. 7,000/- to the complainant. The complainant was of the impression that she can purchase goods worth Rs. 7,000/- from the opposite party. But a discount sale was going on at the opposite party, as per the scheme of the opposite party they provide 20% discount and the same is adjusted with the coupon. Since there was no selection of items, the complainant could not complete her shopping. Though she had approached the opposite party on 11-04-2011, the scheme had been closed by the time. The articles handed over to the opposite party was actually valued at Rs. 10,000/-. The complainant is entitled to get a compensation of Rs. 50,000/- for the unfair trade practice exerted by the opposite party. Hence this complaint.

2. The version of the opposite party :

The opposite party is one of the highly reputed business group in India. The opposite party as part of its marketing efforts conducts numerous sale schemes and sales offers every year. “The Great Exchange Offer” is one of such schemes and this year it was conducted form 17-02-2011 to 27-03-2011. This offer enables the public to sell their old merchandise at two popular Brand formats of the opposite party namely Big Bazaar and Food Bazaar stores for a price higher than the regular market rate. In exchange of the scrap, the opposite party give their customers “Exchange Coupons” that can be redeemed at any of opposite party's brands like Big Bazaar, Food Bazaar and Fashion at Big Bazaar stores against a pre-defined spend ratio. The terms and conditions of exchange mela price etc. were conspicuously displayed in the concerned stores. Advertisement materials too contain the terms and conditions, duration of the scheme including the last date for collection of scrap, validity period of the Exchange Coupons etc. All details of the scheme, its terms and conditions and the “Exchange Mela Price” were clearly explained to the complainant. As the complainant fully understood the terms and conditions, the merchandise she brought in were assessed and valued in her presence and an Exchange Price of Rs. 7,000/- based on the published “Exchange Mela Price” was offered to her. The complainant had accepted the offer price of Rs. 7,000/- without raising any objection. Neither any of the terms and conditions nor any advertisements of “The Great Exchange Offer” made any assurance regarding the range and selection availability of any specific goods or articles that can be exchanged against the coupons. It is not the fault of the opposite party that the complainant claims to have made her second visit to redeem the exchange coupon on 11-04-2011 after the last date fixed for redemption. This complaint is filed without an iota of truth in the allegations made against the opposite party and is filed simply to tarnish the high reputation of the opposite party and is filed as trial case to take undue advantage from the opposite party.

3. The complainant was examined as PW1 and Ext. A1 series was marked on her side. Neither oral nor documentary evidence was adduced by the opposite party. Heard the counsel for the complainant and the authorised representative of the opposite party.

4. The only point that emanated for consideration is whether the complainant is entitled to get a compensation of Rs. 50,000/- from the opposite party?

5. Admittedly on 27-03-2011, the complainant approached the opposite party and handed over her unused articles and scrap items to the opposite party. It is not in dispute that the opposite party has estimated the price at Rs. 7,000/- and issued coupons for the said amount. According to the complainant while she approached the opposite party with the scrap items the help desk at the opposite party offered to purchase goods from the opposite party for the equal amount of coupon, but they did not do so.

6. The opposite party vehemently contended that the terms and conditions of the exchange offer was exhibited in the conspicuous place of the premises of the opposite party. It is stated that they have mentioned the same in the advertisements as well in the coupon supplied by them. Except the coupons nothing is on record to substantiate the above averments of the opposite party. Ext. A1 series (35 in numbers) which are the coupons supplied by the opposite party to the complainant. We have carefully gone through the coupon, the terms and conditions are in too fine prints and one cannot read the same with naked eyes. Therefore the terms and conditions in Ext. A1 are not binding on the complainant as per the observation of the Hon'ble National Consumer Disputes Redressal Commission in Blaze Hash Couriers (P) Ltd. Vs. Rohit Peladiya and Anr. 1 (2008) CPJ 452 (NC).

7. The opposite party ought to have produced necessary evidence to prove that they have not transpired the terms and conditions to the customers especially to the complainant in which they did not sustain the case. The complainant has had to suffer inconveniences and untold difficulties hence. The above conduct of the opposite party amounts to deficiency in service to the tune of Rs. 50,000/-. We feel it is too tall and we are of the considered opinion that the agony of the complainant would adequately abated by the award of Rs. 5,000/- towards compensation. Ordered accordingly.

8. Resultantly, we partly allow the complaint and direct that the opposite party shall pay a compensation of Rs. 5,000/- to the complainant for the reasons stated above.

The order shall be complied with, within a period of one month from the date of receipt of a copy of this order, failing which the above amount shall carry interest @ 12% p.a. till payment.

Pronounced in open Forum on this the 29^th day of October 2011.

Sd/- A. Rajesh,President.

Sd/- Paul Gomez, Member.

Sd/- C.K. Lekhamma, Member.

Forwarded/By Order,

Senior Superintendent.

A P P E N D I X

Complainant's Exhibits :-

Opposite party's Exhibits :: Nil

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