BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT BANGALORE (URBAN)

DATED 20^thDAY OF NOVEMBER 2024

ORDER

SMT. K. ANITA SHIVKUMAR, MEMBER:-

1. Complainant filed this complainant under section 35 of Consumer Protection Act 2019, seeking direction to OP to deliver the 2 wheeler, television set and other consecutive prizes or paying equivalent and aggregate value of Rs.2,00,000/- as reasonable relief, as the complainant possess 18 coupons to redeem to get the prizes announced by OP in the interest of justice and equity.

2. Brief facts of this case are as follows:-

Complainant being one of the esteemed customer of newly opened Pothys super market about a year back, situated at 8^th floor of existing Pothys retail cloth showroom at KempeGowda Road. The OP is found deemed to have gained enormous reputation at their headquarters at Chennai and gathered significant momentum when showroom opened at K. G. Road Bangalore about 7 years back. Trusting their values and virtuous, good gesture, initiative of girls / boys / staffs particularly whenever shopping for the cloths was experienced on several occasions. Inspired by the same complainant shopped at the super market of OP for food, groceries, fruits and vegetables so on, was opened with wide range of discounts. Thereafter, complainant used to visit supermarket frequently, purchased goods worth nearly Rs.30,000/- for the last 1 year, were similar good gesture was equally good experience.

3. Complainant stated that on the occasion of Karnataka Rajyotsava that is with effect from 1^st November 2023, OP came out with the advertisement stating that those customers on buying the products of the brands such as tide detergent, MTR foods, Rajali snacks, V-John shaving creams etc, worth minimum of Rs.99/- on every purchase will get gift coupon. The person who will have prizes on lucky dip containing the period of validity from 01/11/2023 to 18/01/2024. Sometimes the gift coupons were issued for the discount on purchasing any one of the above said products even within Rs.99/- (bill No.10/5534 dated 08/04/2024). The prizes composed of the 2 wheelers, television, mixer grinder, microwave oven etc, totally worth of Rs.5,00,000/- products were on prizes. They wereeven physically displayed at the main entrance of the building as well as outdoor banners to effectively attract customers. The Bonanza lucky dip draw was scheduled on 19/01/2024 that is immediately after the said 18/01/2024 on which the date of offer ends.

4. Complainant further stated that yielding to the attraction and hopes, complainant started to buy the aforesaid products on many occasions for which the gift coupon was every time issued, where the originals were being dropped in untampered bags situated next to the cash counter. Many gift coupon were collected by the complainant the photocopiesof counterfoils of the coupon were enclosed which are within the validity period and the originals are in the custody of the complainant. Whereas, when the date of lucky dip draw fast approaching that is on 18/01/2024 the supermarket displayed revised advertisement board stating that thebonanza offer was extended beyond the said date that upto 10/04/2024. Trusting the extension, complainant started buying more products even upto 08/04/2024 on which more and more gift coupons were collected on every purchase. The revised date of lucky draw scheduled on 11/04/2024.

5. Complainant further stated on the said scheduled date lucky draw the super market crew surprisingly never appeared at any floor at any point of time on 11/04/2024. In this connection, complainant questioned the staff on the floor came out in the answer that manager-in-charge who is about to return from Chennai, the rescheduled date will be intimated to the customers.In the course of time, even after a week, staff on the floor started to give evading answer by informing that so called Manager-in-charge would return to Bangalore after Lok Sabha election at Tamil Nadu. After weeks time, again enquired with the OP, staff replied that Manager-in-charge was busy in opening new branch at Mysore road Bangalore, will soon come over and execute the lucky draw by duly informing the customers. Somewhere in the last week of May 2024,it was utter shock that complainant found the said supermarket was gradually winding up,none of the staff members were prepared to give any responsible answers. Complainant also found that the gift coupon dropping box disappeared from the spot which was just next to cash counter. Aggrieved and concerned with the closure of the super market having constrained with the tedious exercises, complainant issued the notice by Email dated 23/05/2024, if no reply / action was initiated by OP before 10/06/2024 the complainant will be compelled to take legal action for having committed breach in failing to conduct said lucky draw as assured to the customers.

6. The OP in response to the complainant’s mail send reply dated 24/05/2024 expressing the deep regret for toiling complainant for all those months, finally assured that action will be taken shortly by due information to the public. Even after waiting beyond 10/06/2024. OP fail to reply at email endorsing by any action. When the complainant visited supermarket even on 01/07/2024. There was nothing found displayed about lucky draw. Thereafter, complainant found genuine to file this complaint before consumer commission. Complainant alleged that even the closure of the super market was also spontaneous,not informed to customers at all, seems to be mala fide intention of OP. OP was not honored goodnessof the complainant who is invariably different. The breach of the assurance for which the customers like the complainant have fallen pray to the said bogus lucky draw. Complainant alleged that OP is indulging in unfair trade practice by publishing misleading advertisement to attract the people and cheat the trust of the customers. Hence this complaint.

7. Notice sent to OP through RPAD which was duly served on OP. OP remained absent on the date of appearance. Hence OP placed Ex-parte.

8. At this stage, complainant filed affidavit evidence along with 5 copies of documents. Complainant reiterated as stated in the complaint.In support to the evidence, complainant filed documentaryevidence, which are marked as Ex.P1 to Ex.P6 including certificate under section 63 of Bharatiya Sakshya Adhiniyam. Complainant also filed written arguments, submitted oral arguments as well. Perused materials on record and to proceed to pass appropriate order as follows.

9. On the basis of above pleadings for our consideration are as follows:-

i) Whether the complainant has proved the deficiency of service / unfair trade practice on the part of OP?

ii) Whether complainant is entitled for the relief?

iii) What order?

10. Our answers to the above points are as follows:-

                        Point No.1:- Affirmative.

                        Point No.2:- Partly Affirmative.

                        Point No.3:- As per the final order.

REASONS

11. Point No.1 and 2: These points are inter-connected to each other and for the sake of convenience, to avoid repetition of facts, these points are taken up together for common discussion.

12. Upon going through pleadings, evidence and written arguments filed by the complainant,it is proved that the complainant has purchased, several items from OP on several occasions. As the complainant stated in his complaint, OP has announced the lucky draw offer in the view of Kannada Rajyotsava, that is with the effect from 1^st November 2023 to 18 January 2024. OP advertised that the customers purchases the products of brands like Tide detergent, MTR foods, Rajali snacks, V-John shaving cream etc, worth minimum of Rs.99/- on every purchase will get gift coupon and thereafter the lucky coupons will be picked by draw for the prizes. They offered like 2 wheelers, television, microwave oven, mixer grinder&fridge etc, worth of Rs.5,00,000/-. Complainant has purchased the products from super market of OP with intention to get some prizes out of lucky draw, worth of Rs.99/- and got lucky draw coupons. Complainant as produced 18 lucky draw coupons along with his complaint. As per the advertisement announced, OP has to conduct a lucky draw on 19/01/2024 that is immediately after the end of offer. OP did not conduct any lucky draw as per their assurance. Latercomplainant got to know that the offer is extended till 10/04/2024.Trusting the extension, the complainant started buying still more products from OP till 08/04/2024 as per their staff’s representation. The lucky draw will be scheduled on 11/04/2024. OP did not conduct even on 11/04/2024. Complainant approached to OP, enquired with the staff. He got an answer that draw will be conducted after their Manager-in-charge return from Chennai. One or other reason, OP given evading answers and avoided complainant to enquire about the same. As complainant stated in the complaint that OP is displayed the bonanza offer in the front of its entrance& displayed the products which are going to be offered in the lucky draw to attract the people.

13. It is pertinent to note that OP has announced some offers with intention to attract the people which is not wrong at all but OP did not conduct lucky draw as assured is wrong. On one or the other reason they keep on postponing the reasons for draw.Finally they started winding up the location where none of the staff members were in a position to give responsible answer. As per the complainant’s observation, the gift coupon dropping box was disappeared from the spot where it was fixed next to cash counter. Believing the allegation of the complainant, it was utterly shock situation when theypurchased the same products in front of the showroom. Here we can observe that complainant has purchased many items as he stated the 18 lucky draw coupons produced which are at Ex.P.2, shows he has purchased thingsin the OPs supermarket. In Ex.P3, he proves that the bonanza offer extended till 10/04/2024.

14. Advertising the offers and introducing some offers with the attractive products as a prize is a kind of business.OP did the same with the intention to cheat the people is unfair and unjust, is not healthy sign of business in the market. If OP conducted lucky draw and distributed the prizes as they offered is not any fault on their part. But OP did not conduct the draw.

15. Complainant substantiated his purchases by producing lucky draw coupons. The original lucky draw coupons were dropped at the dropping box in the OPs showroom. He has produced the products counterfoil copies to prove the same. When he got evasive answersfrom OP, he has issued notice on 23/05/2024 by email which is at Ex.P4. In the said Email, he called OP to conduct lucky draw. OP replied on 24/05/2024,by giving assurance to conduct the same shortly by intimating the customers. Complainant filed this complaint before this commission on 05/07/2024 till then OP did not conduct lucky draw. Complainant hoping to get few prizes out of so many coupons he dropped, which went in vain. Hence he claimed for all the prizes which were displayed and announced by OP. OP neither appeared before this commission to defend its case nor conducted the lucky draw as announced in vide publicity, is obviously considered as unfair trade practice as alleged by complainant. Complainant proved his case which is unchallenged by OP.

16. In our considered view, complainant is the only customer brought this issue into this consumer commission, might be thousands or lakhs of customers disappointed by the OPs announcement and offers. Everybody will not come to this commission knowingly or unknowingly kept silent. Complainant brought this kind of misleading advertisement to cheat the people by announcing attractive prizes in place of purchase Rs.99/- worth goods within validity period. The complainant act of approaching this commission is appreciated. At the same time consumers act has a provision to curb such misleading advertisement is also considered as unfair trade practice indulged by OP, under section 39(1) (g) of Consumer Protection Act 2019.

17.  In view of the complainants approach, is not given entitlement to get all prizes which are announced by OP to the single person,since it is lucky draw.It is not denied that he has purchased with the intention to get the prizes but since it is a lucky draw, he might get one or twoprizes. Considering such thought, he is entitled for the compensation from OP.For the act of OPwhen the complainant has produced 18 coupons worth of minimum of Rs.99/- to get one lucky coupon, he has produced 18 coupons. Considering the minimum amount of purchase worth Rs.99/- gives to Rs.1,782/- to get 18 coupons and dropped the same in the dropping box. OP is liable to pay Rs.1,782/- towards his purchase to get 18 coupons. Complainant is also entitled for the compensation of Rs.25,000/- for breach of trust, belief and deficiency of service in not conducting lucky draw as announced by OP,misrepresentation and misleading advertisements comes under unfair trade practice, indulged by OP. OP further liable to pay Rs.1,00,000/- towards unfair trade practice which has effected public at large, complainant is not the only person suffered from the act of OP. hence OP is liable to deposit Rs.1,00,000/- to the consumer welfare found for not to repeat the same,under section 39 (1) (g) Consumer Protection Act 2019. In this reason complainant incurred money on filing this complainant and brought the grievance to the commission’s notice, is entitled for litigation cost of Rs.5,000/-. On the above reasons we answer point 1 and 2 accordingly.

18. Point No.3: In view of the discussion referred above, we proceed to pass the following:-

:ORDER:

1. Complainant filed under section 35 of the Consumer Protection Act 2019, is allowed in part.
2. OP is directed to pay Rs.1,782/- to the complainant towards the items he purchased from 01/11/2023 to 08/04/2024 as per lucky draw coupons produced.
3. OP is further directed to pay Rs.25,000/- towards compensationfor sufferings, mental agony, hardship due to deficiency of service on the part of OP, to pay Rs.5,000/- towards cost of litigation within 30 days from the date of order.
4. OP is further directed to remit  Rs.1,00,000/- to the account of consumer welfare fund under section 39 (1) (g) 2019 within 30 days from the date of order, failing which OP shall pay interest at the rate of 10% per annum on the above award amount from the date of order till realization.
5. Furnish the copy of this order and return the extra pleadings and documents to the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 20^THday of NOVEMBER 2024)

Documents produced by the Complainant-P.W.1 are as follows: