DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

Civil Station, Palakkad 678001, Kerala

Dated this the 20^th day of January, 2009

Present: Smt.Seena.H, President

Smt.Preetha.G. Nair, Member

Smt.Bhanumathi.A.K, Member

C.C.No.149/2007

Mohanan.V,

S/o.Late Velayudhan,

Mannathu House,

Kootankode,

Elapully, Palakkad – 678 622. - Complainant

Vs

Eakay Brothers,

Keerthy Complex,

Opp. District Hospital,

Court Road, Palakkad. - Opposite party

(By Adv.E.Ramachandran)

O R D E R

By Seena.H, President

Complainant purchased a Samsung make refrigerator from the opposite party on 14/9/07 as per Bill No.1081 for a sum of Rs.9300/-. Scratch and win offer was also provided along with the invoice. Complainant was found eligible for a non stick pan as per the offer. He approached the opposite party several times for receiving the offer. Finally opposite party informed the complainant that only glassware worth Rs.150/- will be given, which he refused to accept. Complainant claims Rs.10,000/- as compensation.

2. Opposite party filed version with the following contentions. Opposite party admits that the complainant has purchased refrigerator from the opposite party and has won non stick cook ware as per the scratch and win offer. Before purchase, the complainant was made aware of the terms and conditions of the scratch and win offer and was given a product pamphlet which would show the terms and conditions. It is clearly mentioned in the pamphlet that picture shown in the offer may not tally with the actual prize given by the company. After purchase, he was found eligible for a non-stick pan as per the offer. The matter was duly intimated by the opposite party to the manufacturer of the refrigerator since the delivery has to be made by the manufacturer as per their terms. On receipt of the non-

stick pan, complainant was duly intimated but he refused to accept. Further complainant issued a notice raising false allegation, on receipt of this notice, opposite party informed him about the availability of offered gift. According to the opposite party complainant is not entitled to any relief claimed in the complaint.

3. Issues for consideration are:

1. Whether unfair trade practice is exercised by opposite party?

2. If so, relief and cost?

4. Evidence adduced consists of proof affidavit and Exts.A1 and A2 on the side of the complainant and proof affidavit and Ext.B1 on the side of the opposite party. Complainant was examined as PW1.

5. Issues 1 & 2: It is an admitted fact that complainant is entitled for a non stick cookware as per the scratch and win offer. The fact is also evident from Ext.A1 and A2. The contention of opposite party is that the offer is subject to the terms and conditions. Terms and conditions as in customer copy marked as Ext.A2 is in fine print and not in readable form and cannot be taken as binding upon the complainant. It is true that as per brochure marked as Ext.B1, it is specifically stated in fine print that picture shown in the pamphlet may not tally with the actual prize given by the company. Complainant has stated in the affidavit that he was offered with glassware instead of non stick cookware. The terms itself is against fair business practice. Complainant has won non stick cookware and opposite party is bound to supply the same. The contention of the opposite party that on receipt of non stick cookware, complainant was duly intimated cannot be believed in the absence of evidence. It is specifically stated in the testimony of the complainant that only after filing of the complaint, opposite party offered the prize. We do not find any reason to disbelieve the statement.

6. In view of the above discussion, we are of the view that the act of the opposite party amounts to unfair trade practice.

7. In the result, complaint allowed. Opposite party is directed to pay an amount of Rs.4,000/- (Rupees Four thousand only) as compensation and a sum of Rs.1,000/- (Rupees One thousand only) as cost of the proceedings. Order shall be complied within one month failing

which 9% interest shall carry for the whole amount from the date of order till realisation.

8. Pronounced in the open court on this the 20^th day of January, 2009

Sd/-

Smt.Seena.H,

President

Sd/-

Smt.Preetha.G. Nair,

Member

Sd/-

Smt.Bhanumathi.A.K,

Member

Appendix

Witnesses on the side of complainant

PW1 – Shri.Mohanan.V

Exhibits marked on the side of complainant

Ext.A1 – Bill No.1081 dt.14/9/07 issued by opposite party to the complainant

Ext.A2 – Copy of coupon No.87316

Exhibits marked on the side of opposite party

Ext.B1 – Brochure

Cost (allowed)

Rs.1,000/- (Rupees One thousand only) allowed as cost of proceedings to the complainant