Advocate Madhavi Vaidya for complainant
Opponents exparte
Per Hon’ble Shri. V.P. Utpat, President
:- JUDGMENT :-
Dated 24th July 2014
This complaint is filed by the consumer against service provider for deficiency in service u/s 12 of Consumer Protection Act, 1986. Brief facts are as follows-
[1] Complainant is resident of Kothrud, Pune 411 038. Opponent No.1 the Publisher. Opponent No.2 is its office of Mumbai and Opponent No.3 is the office of New Delhi. It is the case of complainant that the Opponents are publishing Magazine ‘India Today’ in English. Complainant is the subscriber of the said Magazine and his subscription number is ITE133089. Complainant is subscribing ‘India Today’ for the last 10 yrs. Opponents had given offer to the subscribers for renewal and assured that they will give gift as per the subscription period. Accordingly, complainant had renewed the subscription for the period of 6/2/2010 to 2/11/2015 by paying Rs.4,900/-. The said amount is acknowledged by the Opponents by letter dated 29/10/2010. They have assured that the gift will be delivered within 6-8 weeks. As per the list provided by the Opponents, complainant is entitled for the gift i.e. Accord Mobile Phone. As the complainant had not received the gift, he had lodged complaint with Call Centre of the Opponents. He had persuaded his complaint. However, he had not received any gift. He had also made complaint to the postal authority as he had not received the parcel of the gift. Complainant is the consumer of the Opponents. Opponents had played unfair trade practice by giving false promise. Hence, he has claimed compensation of Rs.30,000/- towards expenses. He has also asked direction to the Opponents for giving assured gift i.e. Accord Mobile Phone.
[2] Opponents though duly served remained absent. Hence, the complaint is proceeded exparte against them.
[3] Complainant has produced renewal letter, payment confirmation letter, copies of e-mails and affidavit in support of his complaint.
[4] The allegation made by the complainant on oath remained unchallenged. Hence, these are admitted in the evidence. It is significant to note that the Opponents had assured gift to the complainant for renewal of subscription. The said gift is complimentary and there is no question of payment of consideration. In that circumstances, it cannot be said that it was consumer service for consideration. However, the Opponents had promised to give gift, if the complainant renew the subscription for five years for their publication. It is the opinion of this Forum that, not giving the gift as per the assurance for getting subscription, amounts to unfair trade practice. Complainant had asked delivery of the Accord Mobile Phone as well as compensation of Rs.33,000/-. The price of the phone is not brought on record. After considering the nature of this complaint, this Forum is of the opinion that, the complainant is entitled for compensation of Rs.15,000/- for the assured gift, for mental and physical sufferings as well as cost of the proceeding.
In the result, this Forum pass following order-
:- ORDER :-
- Complaint is partly allowed.
- It is hereby declared that the Opponents have played unfair trade practice.
3. Opponent Nos. 1 to 3 are directed to pay amount of Rs.15,000/- [Rupees Fifteen Thousand only] to the complainant for the assured gift, for mental and physical sufferings as well as cost of the proceeding within six weeks from the date of receipt of copy of order.
- Complainant is directed to collect the sets which are provided for the Hon’ble Members within one month from the date of Order. Else those will be destroyed.
Copy of order be supplied to both the parties free of cost.
