COMPLAINT FILED ON: 14/11/2022

DISPOSED ON: 17/03/2023

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHITRADURGA.

CC.NO:168/2022

DATED: 17^th  March 2023

PRESENT: Kum. H.N. MEENA, B.A., LL.B., PRESIDENT

                  Smt. B.H. YASHODA, B.A., LL.B., LADY MEMBER        

  Sri. H.JANARDHAN, B.A.L., LL.B., MEMBER       

:: ORDER ::

By Sri. H.JANARDHAN, B.A.L., LL.B., MEMBER.

        This is a complaint filed by the complainant U/s 35 of the Consumer Protection Act 2019, seeking reliefs against the OP to provide latest apple watch series 08 penalty of Rs.5000/- late fee of Rs.10,000/-compensation for negligence, mismanagement, inadequacy deficiency in service due to fault, compensation for injury to mind and loss of time for Rs.50,000/- and to apology for the negligence and assurance of not repeating such wrong doing and for such other reliefs as this Commission deems fit.

       2. The Brief facts of the complaint is as follows:

OP is a wellness company that provides rewards for health related activities performed for free determined no of days OP company provides this services through an app called "Grow Fitter Rewards For Health" Complainant was a premium subscriber since 12/04/2022 and complainant have paid Rs.999, as charges for premium subscription.   As complainant was premium subscriber was eligible to pick from respective lists one short term reward one medium term reward and one long term reward complainant under long term category adopted for the reward of apple watch series-3.  As per terms and conditions of the reward OP Company under took to provide apple watch series-3 to complainant within 15 days on completing 350 days continuous active days.

3. Complainant have successfully completed continuous 350 days of active and complainant have earned and the reward for the journey of wellness service started from 14/06/2021 and ended on 19/05/2022 it was almost 6 months since the complainant had earned the reward but the company has not a provided the complainant with the reward and also OP company has not taken seriously any of the request on the help section provided in the app and also complainant made communication through mail but the OP company has not provided the complainant with standard reply. OP company has also not made any efforts to even responded to the complaint given on the national consume helpline website.

        4. OP company has also ignored to fulfill the promise that they have made to attract the people use their services. Hence complainant alleging deficiency in service on the part of the OP have filed this present complaint.

        5. After issuance of notice to OP the notice sent to OP was duly served but remand absent and hence OP were placed Ex-parte.

6. Affidavit evidence of Complainant is filed by one Sri Ananth N. and got marked the documents as exhibits A-1 to A-7.   Complainant filed written arguments and also heard orally.

    The points that for our consideration is as follows:

1. Whether complainant prove deficiency in-service on the part of the OP?
2. Whether complainant is entitle for the relief as sought in the complainant?
3. What Order?

Our answers to the above points are as follows:

Point No.1: Affirmative

Point No.2: Partly affirmative

Point No.3: As per final Order

:: REASONS ::

       7. Point No.1: On the perusal of the pleadings of the complaint it is admitted that complainant has approached the OP who being the wellness company and also assured the complainant if the complainant avails the service of company through the app called “Grow fitter rewards” for health the OP would provide rewards for health related activities performed for free determined no of days.  Believing the version of the OP complainant paid a premium of Rs.999/- it is marked as Exhibit A-1 and became premium subscriber on 12/04/2022.  A premium subscriber was eligible to pick from respective lists one short term reward one medium term reward and one long term reward. 

8. Under long term reward category complainant adopted for one reward of apple watch series 3.  OP also provided broachers and the terms and conditions of the  reward of OP company and also under took to provide apple watch series 3 to complainant within 15 days on completion of 350 days of continuous active days of health related activities provided by the OP, the terms and conditions is marked as Exhibit A-2  believing the OP company and broachers complainant underwent and successfully completed continuous 350 days of active day and complainant have earned the reward of journey of wellness service which started from 14/06/2021 and ended on 19/05/2022 which was almost for 6 months.  The reward point which complainant have earned is marked as Exhibit A-3 but even after successfully completing the journey of wellness service the complainant have not got the reward of wrist Apple iWatch the assurance given by OP company was not provided to the complainant with the reward of apple I watch and also OP has not taken any serious action to the communication made by the complainant through mail but OP company has not provided the complainant with apple watch nor replied properly  and also OP company has also not made any efforts even to respond to the complaint of the national consumer helpline website which is marked as Exhibit A-7.  Complainant has also filled reward verification form and which is marked has Exhibit A-4 and complainant has also corresponded with the OP company for having not received the reward of list with apple I watch which is marked as Exhibit A-5 and A-6.

       9. OP company has given a false advertisement through their app “Grow fitted rewards” for health but OP after advertising the same attracted the customers and after which they have not provided the earned reward to the customers who have successfully completed 350 day of active day.  Providing false advertisement of future event. When OP is fully aware that they are providing false advertisement and also not fulfilling the promises which they have made to attract the people to use the services and even in spite of the  frequent follow up by the complainant the OP have not fulfilled  the promises by not providing wrist Apple iWatch after having earned the reward point by the complainant even after successfully completing 350 day of active day without any sufficient cause is nothing but deficiency in service and also not providing the same is unfair trade practice on the part of the OP and hence we answer point No. 1 in the Affirmative.

        10. Point No.2: When the complainant have proved deficiency in-services on the Part of the OP and also complainant have contested the case in person have undergone litigation cost for conducting the case as such complainant is entitled for Rs.5000/-towards litigation cost.  OP also have not complied according to terms and conditions of the broacher and also have provided false advertisement which is of future consequences and complainant have also undergone misery and suffering for giving false assurance, promise and false advertisement and hence complainant is entitled for global compensation for negligence false assurance, promise and false advertisement amounting to Rs.15,000/-. Further OP is directed to provide to the complainant with one wrist apple I watch within 30 days from the date of receipt of this Order, failing which OP shall pay a sum of Rs.5000/- for not providing with one apple wrist watch after expiry of the 30 days and hence we answer point No.2 as partly affirmative. 

  11. Point No.3:- For the forgoing reason we proceed to pass the following:

::ORDER::

    The Complaint filed by the complainant U/s.35 of Consumer Protection Act, 2019 is allowed in part.

   OP is directed to pay Rs.5000/- towards litigation cost.

   OP is directed to provide the complainant with one wrist Apple iWatch within 30 days from the date of receipt of this Order, filing which OP shall pay a sum of Rs.5000/- for not providing with one apple wrist watch after expiry of the 30 days.

OP is directed to pay Rs.15,000/- to the complainant for global compensation for negligence false assurance.

   It is further ordered that, the OP is hereby directed to comply the above said order within 30 days from the date of this order.

   Communicate the order to both the parties.

(Dictated to the Stenographer, typed by him, the transcript corrected, revised and then pronounced in the open commission by us on17^th March 2023.)

LADY MEMBER                MEMBER                 PRESIDENT

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

PW-1: Anantha .N. S/o Suryanarayana by way of affidavit evidence.

Witness examined on behalf of opponent:

Nil

Documents marked on behalf of Complainant:

Documents marked on behalf of opponent:

Nil

LADY MEMBER                MEMBER                 PRESIDENT

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