Andhra Pradesh

Chittoor-II at triputi

CC/33/2019

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

Versus

M/s Kanchipuram LLK Mall, Rep. by its authorized signatory - Opp.Party(s)

National Association of Consumers (NAC)

10 Jul 2019

ORDER

Filing Date: 06.03.2019

Order Date:10.07.2019

 

 

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II,

CHITTOOR AT TIRUPATI

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

               Smt. T.Anitha, Member

WEDNESDAY THE TENTH DAY OF JULY, TWO THOUSAND AND NINTEEN

 

C.C.No.33/2019

 

 

Between

 

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

Aged 55 years,

S/o. late. N.Subba Rao,

D.No.581, Balaji Colony,

Tirupati – 517 502.                                                                          … Complainant.

 

And

 

 

M/s. Kanchipuram LLK Mall,

Rep. by its authorized signatory,

T.K.Street,

Tirupati – 517 501.                                                                          …  Opposite party.

 

 

 

 

            This complaint coming on before us for final hearing on 04.07.19 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 the opposite party remained exparte, 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.990/- collected from the complainant towards cost of dresses on 05.01.2019, to pay Rs.4,90,000/- towards compensation for causing mental agony due to deficiency in service and unfair trade practice on the part of opposite party, and also to pay litigation expenses of Rs.8,000/-.

            2. The brief facts in the complaint are as follows:-  The complainant purchased two sarees from opposite party Kanchipuram LLK Mall (herein after called ‘Mall’) for a consideration of Rs.990/-, vide cash bill No.81 on 05.01.2019, for which four lucky draw coupons were issued bearing Nos.1198, 1199, 1200 and 1401 respectively. The lucky draw was announced by the opposite party stating that a lucky draw coupon will be issued on every purchase of Rs.500/- worth of items, and the lucky draw will be conducted every week, and the winner will get Hero Pleasure Scooter, and it is mentioned that this offer is valid up to Sankranthi only. The opposite party has given vide publicity by displaying boards in and around Tirupati, and also published advertisements in all telugu leading newspapers regularly during the lucky draw scheme period. It is alleged that opposite party has violated the rules, guidelines and regulations of the Advertising Standards Council of India (ASCI), Mumbai and the Monopolies and Restrictive Trade Practice (MRTP) Act 1969, and also the Consumer Protection Act 1986, deliberately cheating the consumers and luring them to purchase the articles thereby to promote the sales. The consumers are mis-led by false information published in newspapers regarding lucky draw scheme. The lucky draw scheme period, and the dates of three lucky draws were not mentioned in the advertisements in telugu daily newspapers, which amounts to unfair trade practice.   Infact, no single lucky draw date was mentioned in the news paper advertisements by the opposite party. The value of the scooters that are going to be presented to the winners of three lucky draws is also not mentioned in the news paper advertisements. It is clearly mentioned that a lucky draw coupon will be issued on every purchase of worth of Rs.500/-. But, surprisingly the complainant was issued four lucky draw coupons for purchasing items worth of Rs.990/-, which clearly proves that lucky draw scheme is for name sake only with an intention to attract the customers and to improve their sales. It is therefore prayed that complaint may be allowed by awarding compensation and refund of cost of the items purchased by him.

            3.  Notice issued to the opposite party. But they did not appear before the Forum and remained exparte.

            4.  The complainant filed chief affidavit and marked Exs.A1 to A5.

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

            6.  Point:-  The contention of the complainant is that having been attracted by the lucky draw scheme floated by the opposite party during Sankranthi festival 2019, he purchased two items in the Mall by paying Rs.990/- vide Ex.A2, and he was given four lucky draw coupons by the Mall. Ex.A1 is original copy of advertisement published in Sakshi news paper, Chittoor edition, dt:01.01.2019. The contention of the complainant is that the lucky draw dates and also the value of scooters to be presented to the lucky draw winner were not published in the newspaper. Ex.A4 is notice issued by the complainant to the opposite party Mall, which was received by opposite party under Ex.A5. The main contention of the complainant is that he is a consumer of the Mall, and he was kept in dark about the lucky draw scheme, as the results of the lucky draw were not published in the newspapers, and it is not known whether the lucky draw was conducted as per the scheme, and the same amounts to deficiency in service and unfair trade practice on the part of opposite party. He invited attention to Section- 3(A) of C.P.(Amendment) Act 2002, which reads as follows – “Withholding from the participants of any scheme offering gifts, prizes or other items free of charge, on its closure the information about final results of the scheme”. The documentary evidence shows that the opposite party having received the notice issued by the complainant kept quiet without denying the averments in the notice, by giving reply. In this case also, the opposite party failed to appear before the Forum and contest the matter by filing the written version. The documents further shows that complainant was issued four lucky draw coupons for purchasing items worth of Rs.990/- in the Mall. The advertisement shows that each lucky draw coupon will be issued for purchase of Rs.500/- worth items in the Mall. If that is so, how the complainant was issued four lucky draw coupons for purchasing items worth Rs.990/- only. There is some force in the contention of complainant that opposite party is not serious in conducting lucky draw as per rules. The opposite party did not deny the allegations of complainant in their written version. Hence, we hold that there is deficiency in service and also unfair trade practice on the part of opposite party, and as such complainant is entitled for refund of Rs.990/- and he is also entitled to get some compensation for the inconvenience suffered by him. Accordingly, this complaint is allowed.

            7.  In the result, complaint is partly allowed directing the opposite party to refund Rs.990/- (Rupees nine hundred and ninety only) collected under Ex.A2 with interest at 9% p.a. from the date of purchase, till realization, and also to pay Rs.3,000/- (Rupees three thousand only) towards compensation, in addition to Rs.3,000/- (Rupees three thousand only) towards costs of the litigation, within a period of eight (8) weeks from the date of this order, failing which the compensation amount of Rs.3,000/- shall also carry interest at 9% p.a. from the date of this order, till realization.           

Dictated to the stenographer, transcribed and typed by him, corrected and pronounced by me in the Open Forum this the 10^th day of July, 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.

 

-NIL-

 

EXHIBITS MARKED ON BEHALF OF THE COMPLAINANT/s

 

Exhibits (Ex.A)	Description of Documents
	Original copy of Advertisement published in Sakshi Newspaper Chittoor Edition, Dt: 01.01.2019.
	Tax Invoice/Cash Bill for Rs.990/-issued by M/s. KANCHIPURAM LLK MALL, T.K. Street, Tirupati. Dt: 05.01.2019.
	Original copy of Lucky Draw Coupons of M/s. KANCHIPURAM LLK MALL, T.K. Street, Tirupati bearing  Sl.Nos.1198,1199,1200,1401, Dt: 05.01.2019.
	Notice sent to the Opposite Party. Dt: 28.01.2019.
	Postal Acknowledgement Card in Original.

 

 

EXHIBITS MARKED ON BEHALF OF THE OPPOSITE PARTY/s

 

-NIL-

 

 

                                                                                                                        Sd/-       

                                                                                                                President (FAC)

     

                                   // TRUE COPY //

// BY ORDER //

 

Head Clerk/Sheristadar,

       Dist. Consumer Forum-II, Tirupati.

 

             

 

  Copies to:-   1.  The complainant.

                        2.  The opposite party.