Punjab

Moga

CC/17/73

Sher Bahadur Singh Gill - Complainant(s)

Versus

M/s Vishal Mega Mart - Opp.Party(s)

In person

29 Nov 2017

ORDER

THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MOGA.

 

 

                                                                                      CC No. 73 of 2017

                                                                                      Instituted on: 11.08.2017

                                                                                      Decided on: 29.11.2017

 

Sher Bahadur Singh Gill aged about 54 years son of Sh.Balbir Singh, resident of Village Dulatpura Niwan Tehsil and District Moga (Mob. 98147-49950)

 

                                                                                ……… Complainant

 

Versus

M/s Vishal Mega Mart, Sunny Tower, near Town Hall, Moga, through its Manager.  

 

                                                                           ……….. Opposite Party

 

 

Complaint U/s 12 of the Consumer Protection Act, 1986.

 

 

Quorum:    Sh. Ajit Aggarwal,  President

                   Smt. Bhupinder Kaur, Member

 

Present:       Sh. Sher Bahadur Singh Gill, complainant in person.

                   Sh. Kamaljit Singh Gill, Advocate Cl. for opposite party.

 

 

ORDER :

(Per Ajit Aggarwal,  President)

 

1.                Complainant has filed the instant complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as the "Act") against M/s Vishal Mega Mart, Sunny Tower, near Town Hall, Moga, through its Manager (hereinafter referred to as the opposite party) directing them to pay Rs.1000/- as amount of offer introduced by opposite party to complainant and to pay Rs.10,000/- as compensation on account of mental tension, agony and harassment suffered by complainant.

2.                Briefly stated the facts of the case are that opposite party arranged a sale for two days i.e. 29^th and 30^th July, 2017 and sent a message on the mobile no.98147-49950 of complainant vide which they offered a discount of Rs.1000/- to a customer who purchased domestic items of Rs.3000/-. On it, complainant approached the shopping centre of opposite party on 30.07.2017 and purchased domestic items of Rs.3347/-  vide bill no.279/20000006512. As per the offer, the opposite party was to pay Rs.1000/-  to complainant, but instead of giving cash of Rs.1000/-, opposite party issued four voucher of Rs.250/- totalling Rs.1000/- and told to complainant that  in order to get amount of the voucher i.e. Rs.250/- a shopping of Rs.2500/- from opposite party is necessary for complainant. However as per the message sent by opposite party a discount of Rs.1000/- was to be given, but complainant was given four vouchers (Rs.250/- each) forcibly. The complainant was misguided by opposite parties by sending wrong message. The complainant requested the opposite party to give Rs.1000/- in cash, but they flatly refused to pay the amount in cash. The complainant visited to opposite party a number of times, but he complainant was harassed intentionally. Furthermore, the opposite party applied GST on that items also, which were given rebate from GST by the Government. The opposite party is misguiding the public by publishing wrong advertisements and instead of paying cash, by giving vouchers, the customers were forced for shopping from opposite parties. The aforesaid act of opposite parties, amount to deficiency in service and unfair trade practice on their part. Hence this complaint.

3.                Upon notice, opposite party appeared through counsel and filed written reply taking certain preliminary objections that the present complaint filed by the complainant is not maintainable; that the complainant has not cause of action to file the present complaint. The opposite party introduced a scheme known as Big Weekend Offer and as per terms of the sale voucher, on shopping of Rs.3000/-, Rs.1000/- was to be given free in then shape of gift vouchers. There was no money back scheme or offer. It is clearly mentioned in the terms and conditions of sale voucher at serial no.10 that the gift voucher is not encashable, cannot be redeemed for cash or cheque. So, the opposite party has already issued four gift vouchers of Rs.250/-, total Rs.1000/-. The complainant can purchase any item worth Rs.1000/- from any outlet of the opposite party strictly subject to terms and conditions of offer. In this way, the opposite party has already discharged his liability and nothing is due towards the opposite party. They accepted the vouchers with consent, it is valid consent given by the complainant; that this forum has got no jurisdiction to hear, try or decide the present complaint. At serial no.16 of the terms and conditions, it is clearly mentioned that any dispute will be subject to jurisdiction of Gurgaon Courts only. So, if the complainant has any grievance, he can only file his complaint before the District Consumer Disputes Redressal Forum, Gurgaon. The present complaint is liable to be dismissed only on this ground; that the complainant is himself stopped to file the present suit by his own act and conduct. As already stated above, the opposite party had issued four coupons of Rs.250/- each, total Rs.1000/- to the complainant and the complainant has right to purchase any item of the said amount, the complainant has himself admitted the issuance of gift vouchers/coupons in para no.4 of the complaint, but instead of availing this offer, the complainant has filed the present false complaint intentionally, knowingly and wilfully, thus the complainant is clearly stopped to file the present complaint by his own act and conduct. So, the complaint is liable to be dismissed with exemplary costs. On merits, all other allegations made in the complaint have been denied and a prayer for dismissal of the complaint has been made.

4.                In order to prove the case, complainant tendered in evidence his duly sworn affidavit as Ex. C1 and copies of documents Ex.C-2 to Ex.C-4 and closed the evidence. 

5.                On the other hand, opposite party tendered in evidence duly sworn affidavit of Sh.Jangbahadar Singh, Store Manager as Ex.OP-1 and copies of documents Ex.OP-2 to Ex.OP-4 and closed the evidence.

6.                We have heard ld. counsel for the parties and have very carefully gone through record placed on file.

7.                The case of the complainant is that the opposite party arranged a sale for two days i.e. 29^th and 30^th July, 2017 and sent a message on his mobile number vide which they offered a discount of Rs.1000/- on purchase of domestic items worth Rs.3000/-. The complainant approached the shopping centre of opposite party on 30.07.2017 and purchased domestic items of Rs.3347/-. As per the offer, the opposite party had to given discount of Rs.1000/-  on the purchase, but instead of giving cash discount on the purchase, they issued four voucher of Rs.250/- totalling Rs.1000/- and told to complainant that  in order to get redeem these vouchers and to avail discount of Rs.250/- he had to shop worth Rs.2500/- from opposite party, whereas in the message sent by opposite party there was offer of discount of Rs.1000/-on the purchase of Rs.3000/-. The complainant was misguided by opposite parties by sending wrong message. He requested to opposite party to give cash discount on the purchase of Rs.3000/-, but they refused to do so, which amounts to deficiency in service and trade mal practice on the part of opposite party.

8.                On the other hand, opposite party admitted that they introduced a scheme known as Big Weekend Offer and offered the scheme on shopping of Rs.3000/-, Rs.1000/- was to be given in the shape of gift vouchers. They argued that there was no money back scheme or offer. These gift vouchers were not encashable and cannot be redeemed for cash or cheque. These gift vouchers can be redeemed for the shopping for the purchase of any item from any outlet of opposite party. As per scheme opposite party has already issued four gift vouchers of Rs.250/-, totalling Rs.1000/- and already discharged their liability and nothing is due towards the opposite party. The complainant accepted the vouchers with his own free will and now he cannot file the present complaint. The present complaint is false, frivolous and filed only to get undue advantage and the present complaint may be dismissed.

9.                Now, it is admitted case of the parties that the opposite party launched a scheme Big Weekend Offer, whereas they offered to customers that Shop Rs.3000/- and get Rs.1000/- free, this fact is clearly proved from the printout of message sent by opposite party on the mobile phone of complainant, copy of which is Ex.C-3. It is further admitted that on the offer of opposite party the complainant purchased items worth Rs.3347/- from the shopping centre of opposite party on 30.07.2017, copy of bill is Ex.C-2. Now, the version of the complainant is that as per the offer of opposite party, he is entitled for the cash discount of Rs.1000/- on shopping of Rs.3000/-, but the opposite party did not give this discount and instead of it they issued four gift vouchers of Rs.250/- each with a condition that these vouchers can be redeemed on the shopping of Rs.2500/- for each vouchers, which was never told to the complainant. The version of the opposite party is that there was no scheme of cash discount and the voucher of worth Rs.1000/- was given to complainant as per scheme and the complainant can purchase any item worth Rs.1000/- from any outlet of opposite party and these vouchers are not encashable, copies of gift vouchers is Ex.C-4. From the perusal of these gift vouchers reveals that there is a condition imposed on the consumers that these gift vouchers can be redeemed from 1 August, 2017 to 31 August, 2017 on minimum purchase of all apparels worth Rs.2500/-, which was originally not printed on vouchers and it was hand written and further it was never told to consumers and opposite party allured the consumers by sending message on the mobile phones of consumers, whereby they only mentioned Big Weekend offer and gave offer for cash discount of Rs.1000/-, in these messages they have not disclosed that this discount of Rs.1000/- is to be given in the shape of gift vouchers i.e. too on the shopping of Rs.2500/- for gift voucher of Rs.250/- only. In this way, the opposite party misguided the consumers and allured the consumers by sending false and misrepresentating message. All these acts of opposite party, amounts to deficiency in service and trade mal practice on their part.

10.              In view of the above discussion, the present complaint stands allowed and opposite party is directed to pay Rs.1000/- as offered by them vide their message sent on the mobile phone of the complainant alongwith interest @ 9% per annum from 30.07.2017 when the complainant purchased the items from opposite party as per their offer till realization. Further they are directed to pay Rs.5000/-(Five thousand only) as compensation on account of mental tension, harassment and agony suffered by the complainant and Rs.2000/-(Two thousand only) as litigation expenses to the complainant. Compliance of the order be made within 30 days of the receipt of the copy of this order, failing which, the complainant shall be entitled to initiate proceedings under section 25 & 27 of the Consumer Protection Act. Copy of the order be supplied to the parties, free of cost. File be consigned to record room.

Announced in Open Forum.

Dated: 29.11.2017.

 

 

                                         (Bhupinder Kaur)                                       (Ajit Aggarwal)

                                               Member                                                    President