BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM, JALANDHAR.
Complaint No.235 of 2017
Date of Instt. 17.07.2017
Date of Decision: 14.08.2018
Mr. Bhupinder Dhawan S/o Late Sh. Vidya Sagar Dhawan 30-Sat Nagar, Near Sewa Sadan, Jalandhar.
..........Complainant
Versus
1. Kapsons Fashion (P) Ltd., Through its MD/Principal Officer, Shop No.547, Model Town, Jalandhar.
2. Kapsons Head Office, Through its MD/Principal Officer Plot No.D-196, Industrial Area, Ph-8, Mohali, District S. A. S. Nagar.
….….. Opposite Parties
Complaint Under the Consumer Protection Act.
Before: Sh. Karnail Singh (President)
Smt. Harvimal Dogra (Member)
Present: Sh. Sachin Sharda, Adv Counsel for the Complainant.
Sh. M. S. Walia, Adv Counsel for the OP No.1 and 2.
Order
Harvimal Dogra (Member)
1. This complaint has been filed by the complainant, wherein alleged that the OP No.1 is engaged in the business of retail and distribution of branded clothes in like Calvin Klein, U. S. Polo, Wrangler, Tommy Hilfiger etc. in North India with 144 Stores in the region and it also manages the brands London Fog etc. in India. The OP No.2 is the head office of the OP No.1. Both the OPs in the month of May-June issued publication of Pamphlets in the general public with the name “Kapsons Fashion Festival 2017 from 5th May-15th June alluring general public to come and shop with your stores and get exciting offers as displayed in your advertisement. That after getting induced by the advertisement issued by the OPs, complainant purchased various goods (Branded Clothes) from OP No.1, vide Cash Memo:SLC165 dated 25.05.2017.
2. That despite fulfilling the conditions given by the OPs in the advertisements and complainant purchased goods from OP No.1, to the tune of Rs.26,072/-. The OP No.1 has failed to fulfill the conditions of advertisement, vide which mentioned “shop for Rs.25,000/- or above and get cash voucher of Rs.7500/- or 2 nights and 3 days holiday trip from Sterling Holidays (Sponsored Partner)” as such by alluring complainant to purchase goods from OP No.1 with the hope to get the benefit of the offer and afterwards by not fulfilling the conditions mentioned in offer by OP No.1, has done unfair trade practice for promoting sales. The complainant approached OP No.1 many times and requested to give him the benefits of the above said offer as mentioned in the advertisement, but despite that OP No.2 has failed to take any further action and as such, a legal notice was issued to the OP, but all in vain and as such, there is unfair trade practice and deficiency in service on the part of the OP, therefore, the instant complaint filed with the prayer that the complaint of the complainant may be accepted and OPs be directed to refund the cost of the purchased goods worth Rs.26,072/- along with 24% interest and further OPs be directed to pay a sum of Rs.50,000/- towards the physical strain and mental agony suffered by the complainant and further OPs be directed to provide 2 nights and 3 days trip for family members of the complainant including all expenses and be also directed to pay litigation cost of Rs.5000/-.
3. Notice of the complaint was given to the OPs and accordingly, both the OPs appeared through its counsel and filed its joint written reply and contested the complaint by taking the preliminary objections that the complaint of the complainant is not maintainable in the present form nor under the law. Rather the complaint is infructuous. It is further averred that the petition is bad for non-joinder of proper party. M/s Sterling Holidays is not made the party to the complaint, as the offer was given by them and further alleged that the complaint is false and frivolous to the knowledge of the answering OPs and even the complainant is trying to harass and defame the answering OPs and even no cause of action accrued to the complainant for filing the present complaint and further alleged that the complainant has concealed the material facts from the Forum rather the true facts are that the complainant had concocted a false story and he is not entitled to any relief. It is pertinent to mention here that on shopping above Rs.25,000/-, the complainant was given two offers under “Kapsons Fashion Festival 2017” of either to get cash voucher of Rs.7500/- or to get 2 nights and 3 days holiday trip from Sterling Holidays, on being qualified customer under the scheme. The complainant opted to get the offer of 2 nights and 3 days Holiday Trip from Sterling Holidays. Then the respondents forwarded the data of all the customer, who opted for the 2 nights and 3 days Holiday Voucher to the Sterling Holidays well within time on 13.06.2017, the said data also included the name of the complainant, as per his option. It is also pertinent to mention that the Sterling Holidays intimated to the respondents that they had sent the holiday voucher to the complainant together with other customers via computerized system by adding the customer's details in the system, which automatically provided the voucher code, and sent the template email to respective customers including the complainant. It is pertinent to mention that the respondent to fulfill their promise, even confirmed from every qualifying customer regarding the receiving of the said Holiday Voucher from the Sterling Holidays. On inquiry, the complainant revealed that he did not get the voucher. As soon as, the respondents came to know that the complainant has not received the said Holiday Voucher they contacted the Sterling Holidays Team, who replied that the voucher could not be mailed due to technical error. The respondent urged them to provide the same to the complainant again urgently. So, the voucher No.HVC-13686 dated 07.07.2017 was sent to the complainant on urgent basis. The complainant on receiving the same asked the respondent No.1 to issue the voucher for next summer, as he could not go during the 6 month validity period of the voucher. The respondent asked the complainant to contact M/s Sterling Holidays for that option. The complainant thereafter went to M/s Sterling Holidays, but M/s Sterling Holidays has not been deliberately made party, that they would reveal the lies of the complainant and further submitted that the Voucher No.HVC-13686 dated 07.07.2017 is still valid till January, 2018 and complainant could use the same to go destination of his choice out of the options given under the scheme by M/s Sterling Holidays. On merits, the factum in regard to shopping above Rs.25,000/- as well as the scheme of Kapsons Fashion Festival 2017, is not denied by the OP, but the other allegations as made in the complaint are categorically denied and lastly submitted that the complaint of the complainant is without merits and the same may be dismissed.
4. In order to prove the case of the complainant, the counsel for the complainant tendered into evidence affidavit of the complainant Ex.CA along with some documents Ex.C-1 to Ex.C-3 and then closed the evidence.
5. Similarly, Sh. Kewal Krishan, Store Manager on behalf of OP No.1 and 2 along with counsel tendered into evidence his duly sworn affidavit Ex.OPA and some documents Ex.OP-1 to Ex.OP-5 and then closed the evidence.
6. We have heard the learned counsel for the respective parties and also gone through the case file very minutely.
7. After hearing the argument and from scrutiny of the case file, it reveals that the OPs has filed reply and wherein they admitted the almost case of the complainant, but the plea taken by the OP is only that the voucher for holiday was sent to the complainant on urgent basis and the voucher number is HVC-13686 dated 07.07.2017, but the same was not utilized by the complainant himself rather he was asking the OP to issue the voucher for next summer vacation, but the same is not in the hand of the OP because it is to be issued by the partner agency M/s Sterling Holidays and moreover, we find that there is no condition or option given to the purchaser to get extend the time of the voucher for the next holiday summer vacation, if there is no contract between the parties, then how the complainant can claim the same, which is not make understood between the parties. Admittedly, the complainant has not mentioned in the complaint that he ever received a voucher dated 07.07.2017, but when the OP appeared and filed detailed reply, wherein even given the number of voucher HVC-13686 dated 07.07.2017 was issued to the complainant on urgent basis, but there was an opportunity as well as occasion with the complainant to rectify this plea of the OP by deposing in his affidavit that he never received the voucher, but the complainant did not to do so, for the best known reason, so, ultimately, we come to conclusion that the voucher Ex.OP-5 was obviously issued by the OP to the complainant, but the same was not utilized by the complainant for his own fault and therefore, we do not find any deficiency in service on the part of the OP and find that there is no substances in the argument of the learned counsel for the complainant, therefore, the complaint of the complainant is dismissed with no order of cost. Parties will bear their own cost. The complaint could not be decided within stipulated time frame due to rush of work.
8. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Harvimal Dogra Karnail Singh
14.08.2018 Member President
