JUDGEMENT

                    Complainant by filing this complaint has alleged that on 08.10.2008, he received an SMS call in his phone to that effect that a person will be entitled to receive instant 50% cash back on booking air tickets on selected airlines using HDFC Bank Credit Card on cleartrip.com a website of the op no.1 and to confirm the said SMS the complainant visited the website of cleartrip and found similar one liner ad wherein it was mentioned “50% instant cash back on using HDFC Bank Credit Card”.

          Being induced by such representation on SMS and the website of cleartrip inviting public to travel on selected airlines using HDFC Bank Credit Card on cleartrip.com and to enjoy 50% instant cash back on the said credit card, complainant accordingly in response to said SMS and website advertisement, nephew of the complainant booked tickets with cleartrip on 11.02.2008 for five persons namely Naval Malu, Mrs Anushree Malu, Manna Malu, Aditya Malu and Rahul Gaur to travel who are Indians for a total value of Rs.1,05,108/- which included Base Fare, Taxes and fees etc only under the faith to get back 50% instant cash back on the amount of purchase done by him using his HDFC Bank Credit Card being No.4346781003684412 in compliance to its promise circulated through SMS and website advertisement and accordingly as per said commitment the complainant is entitled to get cash back amount of Rs.52,554/- for 50% of Rs.1,05,108/- which was paid for the said of five tickets.

          But on 11.10.2008 complainant received a confirmation mail showing a credit of Rs.2,000/- only as cash back discount upon the booking of the said tickets for five persons and after getting such confirmation mail, complainant was astonished but he thought that it is a ‘mistake’ and as such on 25.10.2008 by a registered letter with A/D complainant requested the ops to clarify the mistake and arrange for crediting 50% cash back on the value of the tickets.

          Thereafter in answer to the letter of the complainant dated 25.10.2008 received a letter from op no.1 dated 03.11.2008 explaining that as per the advertisement on the website and news paper it was clearly mentioned that the total cash back will be 50% of the base fare or Rs.2,000/- whichever is lesser and the op no.1 further went on explaining that since the total booking value was Rs.1,05,108/- (Base Fare Rs.87,700/- + Taxes & Fees Rs.17,407.50/- with cash back of Rs.2,000/-) they have already processed an instant cash back of Rs.2,000/- at the time of booking.

          Complainant got shocked to read the same and complainant was satisfied that op to promote the sale/business by adopting unfair method, false and deceptive frivolous and misleading representation and advertisements through its websites and by sending misleading SMS to induce the complainant to be trapped in such un-merchantable and unethical business tactics of the op and in the circumstances for adopting unfair trade practice, complainant filed this complaint for relief.

          Whereas the op no.1 by filing written version submitted if any dispute arose in between the complainant and the op no.1 it shall be referred to the Arbitrator and the place of arbitration shall be in Mumbai.  Accordingly the present proceeding is not maintainable when there is Arbitration Clause and it is specifically mentioned that a specific terms and conditions of the said cash back were published frequently and complainant was aware of the terms and conditions of the cash back at the time of booking the said tickets.  But complainant suppressed the material facts and fact remains that op gave the benefit of the cash back as per condition and op published the prominent FAQ titled “FAQ on 50% Cash Back offer” on his website www.cleartrip.com and also in the several news papers containing the details of the cash back offer.  But no where it was said that 50% of the total amount of the purchased tickets shall be returned.

Further it was submitted that op never took any such unfair trade practice because all over India said publication was made and it would be evident from the said copy of publication and ultimately denied all the allegations of the complainant and prayed for dismissal of the same.

                                            Decision with reasons

          On in depth study of the complaint including the written versions of the op and at the same time after considering the argument of the Ld. Lawyers of both the parties and particularly the number of copies of publication in respect of 50% cash back on base fare was published by cleartrip.com on 06.10.2008 in Times of Global (Times of India, Kolkata publication) and some other publications Times of India, New Delhi on the same date, Times of India of Chennai on the same date, Times of India of Nagpur on the same date, Times of India of Mysore on the same date, Times of India of Mumbai on the same date and all over India.

          Duration of publication is “Offer valid from 06.10.2008 to 20.10.2008 – Offer – 50% cash back of base fare or Rs.2,000/- whichever is less, varied on Jet Lite, Spicejet, Go Air, Paramount, Indigo, Kingfisher Red (previously Decan) & MDLR and 10% cash back of base fare or Rs.500/- whichever is less followed on all Domestic Airlines subject to condition that HDFC Bank Credit Card shall be used and their website is www.cleartrip.com or they also supplied some phone numbers.  So, apparently considering the publication all over India we find there is no specific offer that 50% cash back on base fare shall be paid but anyhow complainant has not placed before this Forum in such advertisement to that effect.  On the contrary it is found that complainant suppressed all the facts on the part of the advertisement that is 50% cash back or Rs.2,000/- whichever is less and accordingly the entire dispute placed before this Forum for decision.

          On the contrary it is proved that op paid Rs.2,000/- as per cash back offer and moreover complainant has failed to produce any such paper to show in support of his complaint.  On the contrary all over India publication of the cleartrip regarding this offer through publication and also website was completely different from the complainant’s allegation and in fact the publication dated 06.10.2008 all over India in the Times of India published from different states, it is clear that op never adopting any unfair trade practice, rather there was specific offer to that effect “50% cash back on base fare or Rs.2,000/- whichever is less” and no doubt as per said offer op refund a sum of Rs.2,000/- when complainant purchased 5 tickets through HDFC Bank Credit Card.

          All the above observation we are convinced to hold that the complainant has no ground to agitate the matter before this Forum but probably some method was applied by the complainant’s family member or nephew by some erasing certain portion of the SMS and they were trying to show that subsequent part of the publication in that message, but that is the fact.

          Considering all the facts and materials, we are confirmed that op did not act illegally, but ops’ offer was fully satisfied by the op and complainant got Rs.2,000/- as cash back as per condition of the offer and nowhere op sent any such message to that effect that 50% cash back offer in respect of base fare shall be given and at the same time the said publication was on the counter of the cleartrip at the time of purchasing the tickets and so there is no merit in this case and for which the complaint fails.

          Hence, it is

                                            ORDERED

          That the complaint be and the same is dismissed on contest without cost against the contesting op.