By Smt. Padmini Sudheesh, President: <br /> <br /> The complainant’s case is that, following the general offer in Mathrubhoomi dated 24.4.06, the complainant went over to the shop of the respondent on 24th April 2006. The respondent taken the petitioner to the computer gallery where at the relevant time more computers than seven were arrayed in a beautiful shape. The computers were shown to the petitioner one by one. Respondent explained about the computers and the complainant desired to purchase one among them and he had given Rs.4000/-. But the respondent refused to deliver the computer. This act of the respondent is unfair trade practice. Lawyer notice sent and reply also there from the respondent. But no remedy. Hence this complaint. <br /> <br /> 2. The counter in brief is that the complainant is filed with the malafide intention of making illegal gain.Respondent denied the allegation that complainant unconditionally accepted the offer given by respondent for taking delivery of the computer plus UPS on 24th April 2006. The allegation that petitioner was taken to the computer gallery is false. The respondent is conducting the shop in a small room having area of 190 sq. fts. A major portion of the room is left for service station. There is no sales counter also. The vague allegation of showing ‘as many as six or seven computers’ or more than seven computers are also false and it is nothing but an imagination of complainant. The respondent is accepting order from the proposed customers and supplying computer according to the needs and taste of them as per order. The orders would be taken only after detailed discussion. The respondent has no such practice of keeping stock in advance. From averments in the notice itself, it is evident that complainant has never seen the premises of respondent. The allegation that the complainant took out from his purse four thousand rupee notes and offered them in full and final price of the computer plus UPS, and respondent had a big surprise writ large on their face and disapprovingly looked at the face of complainant are also false and denied by respondent. Respondent also deny that there had a brief talk between respondent and operating staff and they removed the computer and UPS from the sales counter. The respondent has not employed any person for sales or dealing with customers. Respondent have never practiced any trade gimmick or unfair trade practice as alleged. Respondent has never made any gestures or browbeat. The further allegations that complainant told respondent that the property in the computer plus UPS belongs to complainant and respondent could at best be an unpaid seller and cautioned respondent that he would seek appropriate remedies in the appropriate court are false and denied by the respondent is not correct and is denied by the respondent. All the averments in the complaint are made to suit the complaint, which is intentionally made for the purpose of the complaint. The advertisement mentioned by complainant is an offer for arranging easy finance or exchange for those who comes forward to purchase computer plus UPS. There is no such offer to sell computer plus UPS for a price of Rs.3777/-. A ‘star sign’ (‘ * ’) is given on the amount for ‘conditions apply’ and the advertisement is too small and concise to give each and every detail. It is nothing but an offer to arrange ‘easy finance’ and it is very clear that the customer can take computer on making a payment of Rs.3777/- as the first instalment. The wordings in the advertisement are very clear and there is no remote scope for any ambiguity. Respondent have taken enough care and caution in drafting the advertisement to avoid any ambiguity to the readers. Two land phone numbers and two mobile numbers are given in the advertisement for the convenience of the customers who see the advertisement. The averment that complainant came directly without making a telephonic enquiry, even if the complainant claims himself to be familiar with Indian as well as foreign computers, is also will not stand to common parlance. The whole allegations in the complaint are the results of misconception of facts and law. All the averments in the petition are baseless. All the allegations are false and the story concocted by the complainant with ulterior motive. The acts of complainant will amount to libel and slander. The complaint is frivolous and vexatious. This respondent is not liable for any loss. Hence dismiss.<br /> <br /> 3. The points for consideration are:<br /> <br /> (1) Is unfair trade practice committed by the respondent?<br /> (2) If so reliefs and costs.<br /> <br /> 4. The evidence consists of Exts. P1 to P3 and Exts. R1 to R4. Affidavit was also filed by the complainant. <br /> <br /> 5. Points-1 & 2: Ext. P1 is the Mathrubhoomi daily dated 24.4.06. Fascinating the advertisement in Ext. P1 complainant had approached the respondent for purchasing computer plus UPS worth Rs.3777/-. But the respondent refused to deliver the same for the above said sum. According to the respondent, the advertisement is only an offer for arranging easy finance or exchange for the needy to purchase computer plus UPS. There is no offer to sell computer plus UPS for a price of Rs.3777/-. On the perusal of Ext. P1 advertisement it can be seen that the advertisement itself is in a short space and above the letters “price of Rs.3777” a star sign is given. It means the price of the product is not the mentioned one in the newspaper. There is also the wording of “conditions apply”. By a mere perusal it can be seen very clearly. There is no ambiguity to understand. From the advertisement it is clear that Rs.3777/- is not the price. The letters of “Easy finance and Xchange” can be read by anyone who is reading the letters of “computer + UPS pay Rs.3777”. There is no unfair trade practice. Hence the complaint is liable to be dismissed. <br /> <br /> 6. In the result, the complaint is dismissed. No order as to cost and compensation. <br /> <br /> <br /> Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 21st day of August 2008. <br />