By Sri. MOHAMED ISMAYIL C.V, MEMBER

1.The grievance of the complainant  is as follows:-

           It is stated by the complainant that on 11/08/2022 he had purchased two containers of Topmie kunafa Special Vermicelli along with other item of goods from the hyper market of the opposite party. The second opposite party is the manufacturer of above said products. At the time  of purchase,   there  was an  offer of  20/- rupees cash back  on each containers  after QR code  scanning  shown  on the label. But when the complainant had made an attempt to get cash back by scanning the QR code, it was realised that date of offer was expired on 31/03/2022 itself. But it is stated by the complainant that the products were manufactured   only in the month of June 2022. Third opposite party and second opposite party had jointly made the offer and directed to use the App of the third opposite party for cash back.  So aggrieved by the act of the opposite parties, complainant claimed Rs. 20,00,000/- (Rupees Twenty lakh only) as compensation from the opposite party.

2.         The complaint was admitted and notice issued to the opposite parties.  The first opposite party filed version  after the period  prescribed by the  statute.  The second opposite party did not appear and no version is filed.  The third opposite party did not file version, but an affidavit was filed on 09/10/2023.  So effectively    there are no contra evidence from the side of opposite parties.  The Commission set all the opposite parties as exparte and proceeded the matter.

3.      The complainant has filed affidavit and also produced documents.  The documents are marked as Ext. A1 to A4 documents.  Ext. A1 document is the copy of bill issued by the opposite party at the time of purchase of the subject products.  Ext. A2 document is the copy of screen shot of advertisement showing the offer and directions made by the second and third opposite parties for availing cash back offer.  Ext. A3 document is the copy of the adhaar card of the complainant. Ext. A4 series documents are the photographs of the subject product showing the offer made by the second and third opposite parties and manufacturing date as in the month of June 2022.

4.     Heard the complainant in detail.  Perused all documents available for scrutiny.  The Commission considered the following points for adjudication.

1. Whether the opposite parties have committed unfair trade practice towards the complainant.
2. Relief and cost.

5.Point No.(i) and (ii):-

       The case of the complainant is that he had purchased two containers of Kunafa special vermicelli from the first opposite party carrying Rs. 20/-each cash back offer made by the second and third opposite parties.  The complainant has produced copy of purchase bill and marked as Ext. A1 document.  Ext. A1 document would show the purchase of the products made on 11/08/2022 from the hyper market of the first opposite party.  The complainant has produced copy of screenshot of advertisement showing offer and its directions made by the second and third opposite party and same is marked as Ext. A2 document.  The complainant also produced photographs of subject products are purchased from the first opposite party and those photographs are marked as Ext. A4 series documents. Ext. A2 and A3 documents would show that the product is manufactured by the second opposite party.  Ext. A2 and A3 documents would  also  reveal  that the second and third opposite parties  have made  offer to  the complainant  a cash back of Rs. 20/- each for  two containers  Kunafa special vermicelli.  It is alleged  by the complainant  that  he   could  not get  the offer made  by the opposite parties when he attempted for cash back  by scanning  the QR Code  printed  on the subject containers  and  it was revealed that the  offer was already expired on 31/03/2022 .  It is averred by the complainant that the subject product was manufactured only in the month of June, 2022.  The argument of the complainant is that the opposite parties have committed unfair trade practice against him.

6.        Going through evidence availed for scrutiny, it can be find that the opposite parties have committed unfair trade practice against the complainant.  It is evident from the documents and pleadings of the complainant that he could not receive Rs. 20/-each as cash back offer from two containers of Kunafa Special vermicelli made by the opposite parties.  The Commission find that for the purpose of promoting sale and use of the subject products, the opposite parties adopted unfair method by making false representation of benefits of Rs. 20/- as cash back on the products of the opposite parties. There are no contra evidence available before the Commission
to rebut the documents and pleadings of the complainant.  The Commission consider that the complainant has succeeded in proving his case.  The claim of compensation of Rs. 20,00,000/- cannot be  granted as  the complainant is not permitted  to secure such huge financial  amount out of a  consumer dispute of  this nature.  Of course, the Commission find that the act of the opposite parties caused mental agony and hardship to the complainant.  So the Commission consider a reasonable amount as compensation from the opposite parties. The Commission allow the complaint in the following manner:-

1. The opposite parties are directed to pay Rs.10,000/- (Rupees Ten thousand only) to the complainant as compensation  for the sufferings of mental agony  and hardship due to the act of unfair  trade practice  committed   by the opposite parties.
2. The opposite parties are directed to pay Rs. 3,000/- (Rupees Three thousand only) to the complainant as cost of the proceedings.

        The opposite parties  shall comply  this order within  30 days  from the date of order  otherwise  entire amount shall carry  9% interest per annum from the date of the order till realization.

Dated this 30^th day of November, 2023.

MOHANDASAN K., PRESIDENT

PREETHI SIVARAMAN C., MEMBER

MOHAMED ISMAYIL C.V., MEMBER

APPENDIX

Witness examined on the side of the complainant                        : Nil

Documents marked on the side of the complainant                      : Ext.A1to A3

Ext. A1 : Document is the copy of  bill issued  by the  opposite party at the time of

                purchase of the subject product. 

Ext. A2 : Document copy of screen shot of advertisement showing the offer and

               conditions made by the second and third opposite parties for the subject   

               product.

Ext. A3 : Document is the copy of the adhaar card of the complainant.

Ext. A4: Documents are the photographs of the subject product showing the offer 

              made by the second and third opposite parties  and  manufacturing  date as 

              in  the month of June 2022.

Witness examined on the side of the opposite party                       : Nil

Documents marked on the side of the opposite party                     : Nil

MOHANDASAN K., PRESIDENT

PREETHI SIVARAMAN C., MEMBER

MOHAMED ISMAYIL C.V., MEMBER