Andhra Pradesh

Chittoor-II at triputi

CC/76/2018

N.C.S.M.Prasad, S/o Late N.Subbarao - Complainant(s)

Versus

M/s Kalanjali (Show Room), rep. by its Branch Manager - Opp.Party(s)

In person

12 Apr 2019

ORDER

Filing Date: 16.11.2018

Order Date:12.04.2019

 

 

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II,

CHITTOOR AT TIRUPATI

 

 

      PRESENT: Sri.T.Anand, President (FAC)

               Smt. T.Anitha, Member

 

 

 

FRIDAY THE TWELFTH DAY OF APRIL, TWO THOUSAND AND NINTEEN

 

 

 

 

C.C.No.76/2018

 

 

Between

 

 

Sri.N.C.S.M.Prasad,

Aged 55 years,

S/o. late. N.Subba Rao,

D.No.581, Andhra Bank Lane,

Balaji Colony,

Tirupati – 517 502.                                                                          … Complainant.

 

And

 

 

M/s. Kalanjali (Show Room),

Rep. by its Branch Manager,

D.No.29, Renigunta Road,

Tirupati – 517 501.                                                                          …  Opposite party.

 

 

 

 

            This complaint coming on before us for final hearing on 03.04.19 and upon perusing the complaint and other relevant material papers on record and on hearing Sri.N.C.S.M.Prasad, party-in-person for complainant, and Sri.K.Ramesh Babu, counsel for opposite party, and having stood over till this day for consideration, this Forum makes the following:-

ORDER

DELIVERED BY SRI. T.ANAND, PRESIDENT (FAC)

ON BEHALF OF THE BENCH

           

            This complaint is filed under Section–12 of C.P.Act 1986, praying for direction to the opposite party, to refund Rs.3,060/- collected from him towards cost of dresses on 19.08.2018, on the pretext of lucky draw scheme with interest at 24% p.a. from 19.08.2018, and to pay Rs.90,000/- towards compensation for causing mental torture to the complainant due to deficiency in service and unfair trade practice by the opposite party, and to pay Rs.8,000/- towards litigation expenses.  

            2.  The facts in brief are as follows:-   The complainant purchased dresses / cloth items from opposite party showroom by paying Rs.3060/- vide cash invoice No.31014615/18-19 dt:19.08.2018. A lucky draw scheme was announced by the opposite party for the period from 12.08.2018 to 09.09.2018 at Tirupati stating that a gold coin weighing one gram will be issued to the winner of the lucky draw every day. The opposite party has given vide publicity to the scheme by displaying boards   in and around the city, and also by way of advertisements in Eenadu daily news paper during the lucky draw scheme period. But no where it is mentioned about the quality of gold to be given to the winner of the lucky draw every day in the news paper advertisements. The draw was also not conducted daily as mentioned in the news paper advertisements. As per the C.P.Act, goods sold should be exchanged on customer request and the seller does not have any right to refuse it. But contrary to that the opposite party had refused to exchange the goods and thereby deprived of his right to exchange the goods, which amounts to unfair trade practice on the part of the opposite party. No results were published in Eenadu daily news paper about the lucky draw winners during the scheme period. It shows that no lucky draw was conducted every day as per the advertisements. Thus, the opposite party had cheated the public by playing fraud on them. Therefore, a notice dt:15.10.2018 was issued to opposite party by registered post acknowledgement due vide postal receipt No.RN590071735IN dt:15.10.2018. There was no reply from the opposite party. Hence, he filed this complaint.     

            3. Opposite party filed the written version contending as follows – It is admitted that the complainant purchased dresses / other cloth items from their showroom, for a consideration of Rs.3060/- vide cash invoice No.31014615/18-19 dt:19.08.2018, and it is also admitted that a lucky draw scheme was announced by the opposite party for the period 12.08.2018 to 09.09.2018 at Tirupati, stating that a gold coin weighing one gram will be issued to lucky draw winner every day, and further it is admitted that opposite party has given vide publicity to the said scheme by displaying boards in and around the city and also by way of publishing advertisements in Eenadu daily news paper during the scheme period. However, the complainant is called upon to prove that the quality of gold to be given to the winner is not mentioned in the advertisements. It is called upon to prove that as per C.P.Act, goods sold should be exchanged at customer request and the seller does not have any right to refuse it, and the opposite party has refused to exchange the goods and thus deprived of his right stating that no exchange will be allowed. It is denied that no results were published in Eenadu daily news paper during the lucky draw scheme period. It is denied that opposite party played fraud on the customers and committed unfair trade practice. It is admitted that complainant issued notice dt:15.10.2018 to opposite party by registered post with acknowledgement, but the allegations in the notice are false. It is stated that under the lucky draw scheme, they have purchased gold coins to be offered to the winners from Malabar Gold Jewellery shop. It bears the mark from the reputed gold show room “Malabar Gold”. The bill for purchase of gold coins also filed along with the written version for perusal. Further, the lucky draw was conducted every day and particulars of the winners were uploaded and displayed in Kalanjali website as well as facebook on daily basis. With regard to exchange of goods, it is submitted that there was a clear condition incorporated on the invoice that no exchange is permitted, but wherever and whenever a customer approaches the opposite party with a genuine complaint or grievance, such complaints are considered and addressed forthwith. The opposite party has conducted lucky draw in a fair and transparent manner and the results were notified periodically. Most importantly the winners were intimated about the result personally. A list of 29 winners under the lucky draw scheme conducted during 12.08.2018 to 09.09.2018 at Tirupati Kalanjali showroom along with details like date, name, bill number, address etc. is also filed along with their written version. Further, as per the lucky draw qualified invoices list dt:19.08.2018, invoice Nos. 31014573 to 31014642 i.e. 54 members were selected as eligible for draw on that date, in which the complainant’s invoice was also there. Accordingly, draw was conducted on that day and one G.Ramachandraiah, S/o. G.Subramanyam of Raghavendra Nagar, Tirupati, with invoice No.21014582 was declared as winner, and his address, cell phone number, Aadhar particulars and other details were also mentioned in the list. Hence, the complaint filed by the complainant is baseless and liable to be dismissed. Previously, the complainant issued notice dt:22.01.2018 to opposite party, which was suitably replied by the opposite party on 23.02.2018 through their counsel. The complainant kept quiet for a long time and now came up with another notice dt:15.10.2018 with false allegations, which was also suitably replied by the opposite party. It is alleged that the complainant is in the habit of filing such complaints against the reputed companies in order to extract money from them illegally. Hence, the complaint is devoid of merits and liable to be dismissed.

            4. Complainant filed chief affidavit as P.W.1 and Exs.A1 to A4 are marked. On behalf of the opposite party, Manager of the opposite party showroom filed chief affidavit as R.W.1 and marked Exs.B1 to B8.

            5.  The point for consideration is whether there is deficiency in service or unfair trade practice on the part of opposite party, as alleged by the complainant? If so, to what extent the complainant is entitled for the reliefs sought?

            6.  Point:-  Complainant in the written arguments contended that he was lured into purchasing clothes from opposite party showroom, as he was attracted by lucky draw scheme announced by the opposite party during the period 12.08.2018 to 09.09.2018 at Tirupati. It is the submission of complainant that under the lucky draw scheme, winners were offered gold coin weighing one gram, if they won the lucky draw conducted by the opposite party every day. It is the contention of the complainant that the opposite party has given vide publicity of the said scheme by displaying boards in and around the city and by way of publishing advertisements in Eenadu daily news paper that lucky draw will be conducted on daily basis, but they failed to do so, and they have not informed to the customers well before about the lucky draw. Further, it is the contention of the complainant that nowhere it is mentioned about the quality of gold to be given to the winners of lucky draw in the news paper advertisements, and thereby deprived the customers of knowing the quality of gold i.e. to say which karat of gold will be given. It is further contended that goods sold should be exchanged at customer request and seller does not have any right to refuse it. But contrary to that, opposite party refused to exchange the goods purchased by him and thus deprived of his right stating that no exchange will be allowed. It is printed on the back side of the bill that goods once sold will not be taken back or no exchange or no refund will be made under any circumstances and that amounts to unfair trade practice. It is therefore submitted that opposite party adopted unfair trade practice to promote sales by luring the customers by way of paper publication that they will give gold coin if they won the lucky draw. It is further argued that no results were published in Eenadu daily news paper during the lucky draw scheme period and entire scheme lacks transparency, as the customers were kept in dark. Ex.A1 is paper publication in Eenadu on 12.08.2018 stating that the customers, who purchase clothes for Rs.3,000/- and above can participate in the lucky draw and can win one gram gold coin. Ex.A2 is also similar publication in Eenadu dt:18.08.2018. Ex.A3 is cash bill worth Rs.3,060/- filed by the complainant to show that he purchased the cloths in the opposite party showroom on 19.08.2018. Ex.A4 is notice dt:15.10.2018 issued to opposite party making allegations as stated in the complaint, and demanding refund of Rs.3060/- paid by him for purchasing cloths on 19.08.2018, apart from seeking compensation of Rs.90,000/- with interest at 24% p.a.

            7. Opposite party counsel argued that opposite party has maintained transparency while conducting lucky draw every day and the winners were informed to receive the gold coin. It is further argued that the complainant has to prove that there is unfair trade practice while conducting lucky draw by the opposite party. Ex.B1 is notice dt:22.01.2018 issued by the complainant before filing the complaint. Ex.B2 is reply dt:23.11.2018 by opposite party to the complainant. Ex.B3 is equivalent to Ex.A4. Ex.B4 is reply given by the opposite party counsel to Ex.B3 denying the allegations made by the complainant. Ex.B5 is list of winners of gold coins with their full details. It is the submission of counsel for opposite party that on 19.08.2018 complainant has purchased cloths for Rs.3060/- from opposite party, and in the lucky draw conducted on the very same day, one G.Ramachandraiah emerged as winner of lucky draw and his name is shown in Sl.No.8 in Ex.B5 list. Ex.B6 is photocopy of receipt showing that said Ramachandraiah purchased cloths worth of Rs.3,525/- from opposite party showroom on the very same day and there is endorsement to show that one K.Vagdevi having cell number 9618136596 received the gold coin on behalf of Ramachandraiah. Ex.B7 is bunch of files containing lucky draw qualified invoices, winner’s particulars with phone numbers etc. of each draw. Ex.B8 is photocopy of quotation and tax invoice for purchase of gold coins from Malabar Gold Pvt. Ltd. by the opposite party dt:08.08.2018. Ex.B8 shows that 22 karat one gram gold costs Rs.2,822/-. By filing Ex.B8, opposite party proved that they have ordered 30 gold coins of 22 karats, each worth of Rs.2,822/- for a total sum of Rs.87,200/- including 3% GST. From the documents filed by the opposite party, it is proved that they have conducted lucky draw scheme regularly and the winners were also informed to receive the gold coin. The gold coin was also received by one such customer Ramachandraiah on 19.08.2018, on which date complainant also purchased the cloths. Except making allegations against the opposite party showroom, complainant failed to prove that opposite party indulged in unfair trade practice. Hence, we are of the considered view that the complaint lacks merits and liable to be dismissed.

            8.  In the result, complaint is dismissed. No costs.         

            Dictated to the stenographer, transcribed and typed by him, corrected and pronounced by me in the Open Forum this the 12^th day of April, 2019.

 

       Sd/-                                                                                                                      Sd/-                                   

Lady Member                                                                                               President (FAC)

 

 

APPENDIX OF EVIDENCE

 

 

 

Witnesses Examined on behalf of Complainant/s.

 

PW-1: Sri N.C.S.M. Prasad (Chief Affidavit filed).

 

 

 

Witnesses Examined on behalf of Opposite PartY/S.

 

RW-1:  Sri P. Sekhar (Chief Affidavit filed).

 

EXHIBITS MARKED ON BEHALF OF THE COMPLAINANT/s

 

Exhibits (Ex.A)	Description of Documents
	Advertisement published in EENADU News Paper Chittoor Edition in original. Dt: 12.08.2018, Sunday.
	Advertisement published in EENADU News Paper Chittoor Edition in original. Dt: 18.08.2018, Saturday.
	Original copy of Cash Bill/Invoice of KALANJALI ARTS & CRAFTS Show Room, Tirupati. Dt: 19.08.2018.
	Notice sent to the Opposite Party. Dt: 15.10.2018.

 

EXHIBITS MARKED ON BEHALF OF THE OPPOSITE PARTY/s

 

Exhibits (Ex.B)	Description of Documents
	Notice issued by the complainant to the opposite Party. Dt: 22.01.2018.
	Reply to your Notice Dt: 15.10.2018 issued to the complainant by the opposite party through Advocate. Dt: 23.11.2018.
	Notice issued by the complainant to the opposite Party. Dt: 15.10.2018.
	Reply to your Notice Dt: 15.10.2018 issued to the complainant by the opposite party through Advocate. Dt:    .11.2018.
	Photo copy of List showing the Details of Gold Coin Winners (Photo copy).
	Photo copy of List showing the eligible Invoices (Photo copies of Cash Bill Dt: 19.08.2018 and Aadhaar Card) for Lucky Draw and details of Gold Coin Winners. Dt: 20.08.2018.
	Photo copy of bunch of files containing lucky draw qualified Invoices List, Winner particulars, with phone number, Address etc of each draw.
	Photo copy of Quotation and Tax Invoice for purchase of Gold Coin from Malabar Gold Private Limited by the opposite party. Dt: 08.08.2018.

  

 

 

                                                                                                                         Sd/-      

                                                                                                                President (FAC)

     

                                       // TRUE COPY //

// BY ORDER //

 

Head Clerk/Sheristadar,

       Dist. Consumer Forum-II, Tirupati.

 

        

 

  Copies to:-   1.  The complainant.

                        2.  The opposite party.