IN THE CONSUMER DISPUTES REDRESSAL FORUM, KANNUR Present: Sri.K.Gopalan : President Smt.K.P.Preethakumari : Member Smt.M.D.Jessy : Member Dated this, the 18th day of December 2009 CC/63/2007 Manoj Simon, Poonkavanam Quarters, Opp.Poonkavanam Temple, Complainant Hosdurg, Kanhangad. 1. C.R.Rajeev, Principal, Brilliance College, SS Kovil Road, Opposite parties Thambanoor, Trivandrum 1. (Rep. by Adv.M.Sheeba) 2. Manger, Brilliance College, Sreekrishna Complex, Onden Road, Kannur 1. (Rep. by Adv.M.Sheeba) O R D E R Smt.K.P.Preethakumari, Member This is a complaint filed under sectin12 of consumer protection act for an order directing the opposite party to issue the declared gift i.e. Either the Hero Honda scooter or its price with a compensation of Rs.5000/- with cost. The case of the complaint is that the opposite parties had been conducted coaching classes for the LDC examination 2005 conducted by the Public Service commission and they advertised that a Honda Activa scooter was offered to the one who win first rank in each district, who availed coaching classes from the opposite parties and being attracted by these offer the complainant had joined and completed the course after giving required fees. The complainant has obtained first rank in the above said PSC examination in Kannur district and the same was informed to the opposite parties and requested for the gift. So the opposite party informed the complainant that they will award it in a public function and the same will be informed to the complainant. But the opposite parties are not complied with this and hence the complainant had issued a registered lawyer notice on 3.11.06. But the opposite parties replied that the complainant is not entitled for the gift since he has attained first rank after adding 10 mark as grace mark. Since he is anservieman. But the opposite parties were given advertisements by saying that the complainant is the first rank holder of Kannur District. But the complainant came to know that the opposite party has not fulfill his promise in anywhere in the state and hence the act of opposite parties is amounts to unfair trade practice. So the complainant is entitled to receive the gift as promised by the opposite party. Hence this complaint. On receiving the notice from the Forum, both he opposite parties appeared through Adv.M.Sheeba and filed their version. The opposite parties admits that they were conducting coaching classes for LDC examination 2005, conducted by PSC and made advertisement and that a Honda Activa scooter was offered to one who win first in each district who availed coaching from the opposite parties and the complainant is one of the person who availed coaching from the opposite parties. The opposite parties contended that they have provided best coaching for the fees they collected and the gift was offered with specific aim in the mind of the opposite parties with certain conditions. The complainant is not the first rank holder and hence he is not entitled to get the offered gift. The conditions were clearly mentioned in the advertisement and in the “2005 LD clerk Vaartha” and published on the notice board of the Institution. As per the conditions the marks of the written examination alone will be the criteria for the selection for the gift and the rank obtained by adding the grace mark for the sports and ex-serviceman category will not be considered. The complainant is an ex-serviceman and he got first rank only by adding grace mark under this category. It is also specified that the winner for the gift will be within the decision making power of the management and which shall not be questioned. And that under unexpected circumstances, this offer could b e dropped also. So the complaint is not entitled to get any relief and the complaint is liable to be dismissed. On the above pleadings the following issues have been raised for consideration. 1.Whether the complainant has got 1st rank in LDC examination conducted by PSC in 2005 in Kannur District? 2..Whether there is any unfair trade practice on the part of opposite parties? 3. Whether the complainant is entitled to get any relief? 4. Relief and cost. The evidence in this case consist of the oral testimony of PW1, DW1 and Exts.A1 to A6 and B1 to B1(a). Issue Nos.1 to 3 The opposite parties admission along with the documents produced proves that the complaint has availed coaching from the opposite parties for the LDC examination 200-5 conducted by the PSC and the opposite partiers offered a Honda Activa scooter to that one who win first rank in each district from the persons who availed the coaching from the opposite parties. Ext.A1 is the copy of the lawyer notice issued by the complaint to opposite parties, A2 is the reply notice, A3 is the advertisement given by the opposite party in Mathrubhumi Thozhil Vartha dated 29th January 2005. A4 is the cover page of the Opposite parties publication Matsara Vijayi. A5 is also another advertisement of opposite parties in Malayala Manorama daily 18th January 2007 and A6 series are receipts issued by the opposite parties. The opposite parties also admits that the complainant has first rank in Kannur District for the LDC examination of 2005 conducted by PSC . But he has reached first rank by adding the grace mark since he is an ex-serviceman. But the complainant do admit that he has received grace mark as an Ex-service man . But according to the opposite party, they had applied some conditions to the offer i.e. such persons who had attained first rank after adding grace mark cannot be consider for the gift. But the complaint contended that at the time of advertisement, the opposite parties hadnot published such conditions and Ext.B1 and B1(a) i.e. A publication of opposite parties byname “LD Clerk Vartha” was published later with a view to escape from the liability as per the advertisement. It is true that Ext.B 1(a) is the publication of opposite parties and hence the contention of the complainant cannot be discarded as such because no where in A3, they advertised that these advertisement is subjected to same conditions. The opposite party has not produced any document to prove the contention of the opposite parties that the complainant has placed in first rank after adding the grace mark. Moreover the opposite party deposed that grace mark CÃmsXXs¶H¶mT dm¦v t\Snb BfpIfpsS mark t\mSv grace mark kzm`mhnIambpT Iq«mdpp. A§s\ H¶mT dm¦v In«p¶hsc grace mark sâ klmbt¯msS rank e`n¨hcpsS categorybn DÄs¸Sp¯m³ Ignbnà . More over the opposite party has no case that there is other persons who has claim for the first rank for the above said examination. Above all opposite parties in Ext.A4 and A5 published the name and photo of the complainant as he is the first rank holder of the above said examination. So it is proved beyond doubt that the opposite party has shown unfair trade practice by non-compliance of the offer as per the advertisement. So we are of the opinion that the opposite party is liable to comply the offer made by him through the advertisement and to give the Honda Activa with Rs.500/- as cost of the proceedings and the complaint is entitled to receive the same and the order passed accordingly. In the result, the complaint is allowed directing the opposite parties to give the Honda Activa scooter to the complaint as offered with Rs.500/-(Rupees Five hundred only) as cost to the complainant within one month from the date of receipt of this order, failing which the complainant is at liberty to execute the order as per the provisions of consumer protection Act. Sd/- Sd/- Sd/- President Member Member APPENDIX Exhibits for the complainant A1 & A2..Copy of the lawyer notice sent to OP and reply notice A3.Paper publication(Thozhil vartha) A4.Malsara Vijayi. A5.Advertisement in Malayala Manorma daily. A6.Receipts issued by OP Exhibits for the opposite party B1. L.D.Clerk Vartha Witness examined for the complainant PW1.Complainant Witness examined for the opposite party DW1.Ajayakumar.K.M. /forwarded by order/ Senior Superintendent Consumer DisputesRedressal Forum, Kannur.
......................GOPALAN.K
......................JESSY.M.D
......................PREETHAKUMARI.K.P | | 
