PRESENT: None for Complainant.

           OP ex-parte.

PER ASHOK RAJ BHANDARI, MEMBER

        Concisely put, the Complainant had opted to purchase a Digital Camera (Model : Kodak C-180) under a promotional offer floated by OP on 29.9.2009 and paid the applicable amount of Rs.5,698/-, through his credit card. At the relevant time, the Complainant was told that he would get free holiday stay voucher for 3 days and 2 nights with free accommodation, breakfast & dinner from their side during stay at one of the 63 locations across India; a round trip air ticket worth upto Rs.7,000/- and diamond jewellery voucher worth Rs.5,000/-. Later on, when he contacted the Customer Care to claim the aforesaid freebies, he was told to pay Rs.800/- extra and the airfare offer includes just the base airfare and not the fuel surcharge/taxes etc. On realizing the hidden costs and undisclosed terms & conditions, the Complainant, immediately, showed his disagreement on the hidden facts and approached the OP to get the order cancelled via e-mail and phone call (Annexure C-3). When nothing was done by the OP, the Complainant wrote several e-mails and had even made failed attempts to Customer Care, but as expected, he got the delivery of the parcel on 8.10.2009, which the Complainant refused to receive and subsequent thereto, take up the matter with the OP vide e-mail dated 10.10.2009 to cancel the order and to refund his money. Finally, after constant follow up, on 21.10.2009, the OP agreed to process the refund and when the Complainant did not receive the refund, he again wrote to the OP on 26.10.2009, upon which OP sought another 14-20 days to process the refund, but they did nothing and rather, borrowed another 14 days to process the fund and till the filing of this complaint, the amount was not refunded to the Complainant. Hence, this complaint, alleging that the aforesaid acts of the OPs amount to deficiency in service and unfair trade practice. In the end, the Complainants have prayed for the following reliefs:-

i)  to refund the amount of Rs.5,698/- along with interest @18% p.a. with effect from 29.9.2009 till payment.

ii) to pay compensation to the tune of Rs.50,000/- for mental agony and harassment;

    iii)    to pay litigation expenses upto Rs.5,000/-.

2]      Notice of the complaint was sent to OP seeking their version of the case. 

3]      OP did not turn up despite due service of notice, therefore, they were proceeded against exparte.

4]      Complainant led evidence in support of his contentions. Subsequently, the Complainant failed to turn up, therefore, we deem it appropriate to dispose off the instant complaint on merits under Rule 4(8) of the Chandigarh Consumer Protection Rules, 1987, read with Section 13(2) of the Consumer Protection Act, 1986.

5]      We have carefully gone through the entire case thoroughly, including the complaint and the relevant documents tendered by the complainant. As a result of the detailed analysis of the entire case, the following points/issues have clearly emerged and certain conclusions/arrived at, accordingly:-

i]  The basic facts of the case in respect of the Complainant having opted to purchase a Digital Camera (Model: Kodak C-180) under a promotional offer floated by the OP on 29.9.2009 and having paid the requisite amount of Rs.5698/- through his credit card and that along with the said Camera, he was entitled to get free holiday stay voucher for 3 days and 2 nights with free accommodation, breakfast & dinner from their side during stay at one of the 63 locations across India; a round trip air ticket worth upto Rs.7,000/- and diamond jewellery voucher worth Rs.5,000/-, have all been established. It is also a fact that when the Complainant failed to get all the items as promised by the OP, he asked for the refund of the original deposit of Rs.5698/-, which he has not got till date despite making a large number of telephonic calls and sending e-mails to the OP. All this has led to the present complaint.

ii] A due notice was sent to the OP for making appearance either through an authorized agent or a counsel, but the OP has not presented itself and as such, it is being proceeded against as exparte. Further, on the date of the final arguments, even the Complainant was absent, therefore, the case is being proceeded on merits under Rule 4(8) of the Chandigarh Consumer Protection Rules, 1987, read with Section 13(2) of the Consumer Protection Act, 1986 (as amended upto date), even in the absence of the Complainant.

iii] After closely perusing the complaint, the affidavit submitted by the Complainant, as well as 27 enclosures, attached by the Complainant with the Complainant, it is quite clear that the Complainant had paid the applicable amount of Rs.5698/- under a Scheme floated by the OP, which was a promotional offer and the OP had not only offered a Digital Camera (Model: Kodak C-180) to the Complainant, but also a number of extra free gifts. It is also established beyond even an iota of doubt that OP has failed to keep his promise in respect of the free gifts, which were to be given to the Complainant along with the promised Digital Camera. Not only that, it asked the Complainant to pay an additional sum of Rs.800/- and also told him that the air fare offer includes only the base airfare and not the fuel surcharge/ taxes etc. As a matter of fact, these were really hidden costs which remained undisclosed at the time of making offer by OP to the Complainant, which in itself is an unfair trade practice on the part of the OP. Secondly, despite the Complainant making strenuous efforts to get the refund of his money, for a period of more than 04 months not a single paisa has been refunded to him. Every time the Complainant wrote to the OP or contacted it on telephone, the stock reply was that the matter was being looked into and that he will get the refund soon. But despite all this, no refund has been made to the Complainant, till date, which is clearly a gross deficiency in service as well as an unfair trade practice on the part of the OP.  

6]      Keeping in view the facts and circumstances of the case, as also the documents annexed by the Complainant, it is evident that the present complaint has a lot of weight, merit and substance in favour of the Complainant and against the OP. As such, the complaint deserves acceptance. We, therefore, allow the complaint in favour of the Complainant and against the OP and pass the following order.

7]      The OP shall pay the following amounts to the Complainant:-

(i) Refund the amount of Rs.5698/- i.e. the amount deposited by the Complainant with the OP, as a part of the promotional offer of the OP.

(ii) To pay compensation to the tune of Rs.5,000/- for causing physical harassment, mental agony and pain to the Complainant.

    (iii) To pay litigation cost of Rs.3500/-

8]      The aforesaid order be complied with by the OP within a period of 30 days from the receipt of its certified copy, failing which the OP shall pay the sum of  Rs.10,698/- along with interest @18% per annum w.e.f. 29.9.2009, till the date of realization, besides cost of litigation of Rs.3,500/-.

9]                Certified copy of this order be communicated to the parties, free of charge. After compliance file