D.o.F:12/09/2011

D.o.O:22/11/2011

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                             CC.NO.228/11

                     Dated this, the 22^nd    day of November 2011

PRESENT:

SRI.K.T.SIDHIQ                   : PRESIDENT

SMT.P.RAMADEVI             : MEMBER

SMT.BEENA.K.G                : MEMBER

Raju Mathai,

C/o Tony Tex, Bheemanadi,PO,                        : Complainant

Nileshwar, Kasaragod 671514.

(in person)

1.M/s Fridge House,

Fort Road,Kannur.

2.Manager, Nikon India Pvt Ltd                           : Opposite parties

Institutional Area, Gurgaon 122002

Hariana. (Exparte)

                                                              ORDER

SMT.P.RAMADEVI      : MEMBER

The facts  the complaint in brief are as follows:

   That the opposite party advertised in the news paper  Malayala Manorama daily that if a Nikon Camera worth   `4990/- is purchased the company is offering 10MP, 5X optical zoom,4GB card Designer  watch and  a pen free of cost.  On seeing the advertisement the complainant purchased a Nikon Camera worth   `4990/- from the opposite party.  But the  complements given to the complainant is not as per the  specification made in the advertisement.  Some of the  complements  are not at all given to the complainant.   Moreover  the complainant was supplied  a gift coupon for the  mega  bumper prize.  That prizing was also not  disclosed to the complainant by the opposite party.  The complainant also came to know that the  other companies  are selling the above said camera much below the rate taken by the opposite party.  The complainant complained  the fact before 2^nd opposite party and it was told that the Nikon camera which the complainant purchased is out dated one.  Hence the complainant is alleging  unfair trade practice against  opposite party.

   After admitting the complaint on  file the Forum issued notice to the parties.  Ist opposite party received notice and not turned up and 2^nd opposite party unclaimed the notice.  Hence both opposite parties set exparte.

    Here the complainant is examined as PW1 and Exts.A1 to A5 and MO1 marked.  Heard the  complainant and documents perused.

   After considering the above facts the following issues raised for consideration?

1.   Whether there is any  unfair trade practice on the side of the opposite party

2.   If so what is the relief and costs.

        Here the complainant produced Ext.A1, news paper showing the advertisement of opposite party offering the complements along with the camera and  also prizing of mega offer  made by the company.  No contra evidence is before the Forum  From the evidence and as per documents it is clear that for promoting the sale the opposite parties made false advertisement in the newspapers and thereby induced the customers  to purchase their  outdated product is a clear  case for unfair trade practice.  On believing the advertisement of opposite party the complainant was also  cheated.  Moreover the opposite party failed to disclose the mega bumper prizing.  This is also an unfair trade practice.  Hence we are of the opinion that there is  merit in the complaint and the opposite party committed unfair trade practice.

       Therefore the complaint is allowed and the opposite parties are jointly and severally liable to pay `5000/- to the complainant towards the compensation for mental agony and sufferings and also directed to pay cost of `1000/- within 30 days from the date of receipt of copy of the order.  Failing which opposite parties are further liable to pay interest  @9% for `5000/- from the date of complaint till payment.

Exts:

A1 to A3-news paper

A4-prize coupon

A5- cash bill

MEMBER                                        MEMBER                             PRESIDENT

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