In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No. 32 / 2008.
1) Sri Prayam Banerjee,
33, Bej Para Lane, P.O. Santipur, Nadia-741404. ---------- Complainant
---Versus---
1) M/s. Hindustan Unilever Limited,
9, Shakespeare Sarani, Kolkata-700071. ---------- Opposite Party
Present : Sri Sankar Nath Das, President.
Dr. A. B. Chakraborty, Member
Order No. 35 Dated 02/02/2012
The petition of complaint u/s 12 of the C.P. Act, 1986 has been filed the complainant Priyam Banerjee against the o.p. M/s Hindusthan Unilever Ltd. The case of the complainant in short is that complainant is a minor and is represented by his father and natural guardian. O.p. transmitted an advertisement through TV which promised a scholarship of Rs.5 lakhs if a pack of surf excel contained a cloth inscribed a number 10/10. Complainant after purchase a pack of surf excel found the cloth containing the number 10/10 within it and visited the office of o.p. for ascertaining the procedure for claiming the prize money. He was advised to send the cloth to the P.O. Bag no. as per advertisement but as there is no system of sending registered article or speed post with a/d, the father of the complainant sent the same by ordinary post. O.p. subsequently informed him that the prize of the complainant could not be paid as the said cloth containing the number 10/10 did not contain the special code. Hence the case.
O.p. had entered their appearance in this case by filing w/v and denying all the material allegations labeled against them and prayed for dismissal of the case.
Decision with reasons:
We have gone through the pleadings of the parties and evidence and documents in particular. O.p. in their pleadings have narrated the detail procedure of selecting candidate for the prize. O.p. avers that under the said contest the company put a small box containing a stained cloth having certificate score from the range of 1/10 to 10/10 hidden under the stains. The consumer was to wash the cloth and based on the score appeared on the cloth they were to get prizes as per the terms and conditions of the contest. The terms and conditions of the said contest were clearly mentioned on the wrapper of the said surf excel detergent packs. After purchase the participant had to upon the said pack and looks for a box inside and should find the stained cloth inside the said box. The participant has to wash the said stained cloth with a new surf excel quick wash and a score will appear upon the washed stain. In case the said score read at 10/10 then the participant would be the winner of Rs.5 lakhs scholarship. O.p. contended that only four cloths were printed with 10/10 on it. After printing the score each and every cloth including those cloths containing 10/10 score were dosed to hide the score. As the prize money involved was substantial, o.p. decided to put a particular code which can be used for authentication. While the o.p. put only four swatches they received more than that from the contestant and the same were carefully examined by the o.p. and is agent Alpha Data Centre. Out of those were two cloths were found to be original and genuine having a code of the factory and prize money of Rs.5 lakhs were given to two winners S. Pragateshwari of Tamilnadu and S. Kumar Dey Sarkar of Kolkata. Apart from the two cloths including the code of the complainant were found to be not genuine.
On perusal of the record it is apparent that the pack of the complainant is a spurious one and cannot be construed as a genuine one released by o.p. and the claim of the complainant is not sustainable having due regards of the facts and circumstances on record and we find no deficiency on the part of the o.p. being a service provider and consequently complainant is not entitled to relief as prayed for.
Hence, ordered,
That the petition of complaint stands dismissed on contest. No order is passed as to cost.
Supply certified copy of this order to the parties.
_____Sd-_____ ______Sd-______
MEMBER PRESIDENT
