Per HON'ABLE PRESIDENT MRS.S.S.MHATRE,

1.                The Complainant is a citizen of India, staying at above mentioned address. Opponent is a company selling various types of goods and services to consumer at large.

2.                Complainant states that, he had received a phone call from Opponent and he was explained about their various schemes and thus complainant started purchasing various articles under their various schemes.

3.                Complainant states that once Opponent’s representative explained him a scheme called sweepstake contest wherein the Complainant has to purchase any types of goods from the Opponent, totally valuing about Rs. 4,37,253/- only which entitles the Complainant to the prize money or gift of Rs. 6,35,000/- only.

4.                Accordingly Complainant purchased various types of goods during period from 2009 till September 2010.

5.                Complainant was told by Opponent that he has won a prize of Rs. 6,35,000/- and he has to collect it by cheque in their felicitation ceremony, which was to be held at Delhi for which air tickets, five star rated hotel booking etc all paid tour was promised by Opponent to Complainant since March 2010. However Complainant has not received any prize money from Opponent as till today Opponent has not conducted any felicitation ceremony due to which Complainant states that it shows dishonest intention of Opponent to cheat its consumers.

6.                On 22^nd May 2010, Opponent called Complainant and informed that prize money has been declared internally and it would be around 6,50,000/- only for which there is some income tax issues with income tax department for distributing prize money, hence Complainant was asked to purchase some more products of Rs. 30,000/- (as Opponent need to pay income tax of 10% on prize money of Rs. 6,00,000/- which amounts to 60,000/- out of which, they shall bear 5% tax and rest is to be born by Complainant and Complainant again purchased products worth Rs. 39,589/- in the month of May 2010.

7.                On 12^th June 2010 the Opponent informed Complainant that he has won a gold box for which he has to purchase handicam and other things but after purchasing it Opponent offered Complainant a cutlery set, holiday voucher and cash back of Rs. 3 lacs which was promised to get by Complainant within 6 days, but Complainant has not received any price from Opponent yet. Thus Opponent asked Complainant to purchase more and more products to win the prize of Rs. 6,60,000/- and also asked to bear 50% of TDS on said gold prize and the Complainant for adjusting 50% amount  of TDS on gold prize of Rs. 6,60,000/- again purchased goods worth Rs. 31,000/- from Opponent.  For receiving prize money complainant sent number of e-mails to Opponent but no feedback is given to the Complainant by the Opponent.  Complainant states that Complainant received all calls of Opponent on his mobile and he paid huge amount to Opponent for all the transactions using his credit cards.

8.                Thus, Complainant states that, an Opponent used this trick for promoting his sale and by misleading Complainant for obtaining Gold box offer and sweepstake contest prize has practiced unfair trade practice.

9.                Complainant has filed this complaint against Opponent for UTP and demanded following things from Opponent:-

1. Prize money of Rs. 6,35,000/- of sweepstake contest and also amount of Rs. 6,60,000/- for God box offer.

2. Opponent should pay the amount Rs. 70,000/- paid by Complainant on account of TDS or Income Tax.

3. Opponent should pay to Complainant Rs. 33,200/- as amount of interest on credit card payments made to the Opponent.

4. For mental torture Rs. 5,00,000/- and legal charges of Rs. 50,000/- are demanded by Complainant from Opponent.

10.               On receipt of notice sent by Forum for filing written statement Opponent appeared through their advocate and filed their written statement then affidavit of evidence and written arguments.

11.               Objections raised by Opponent in written statement of Opponent –

1. Forum has no territorial jurisdiction to try and entertain this complaint.

2. Opponents states that – no such prizes or gifts were ever promised by Opponent for promotion of sale of their products to Complainant.

3. No documentary evidence is produced by Complainant to prove UTP hence all allegations are baseless –

4. Complainant has taken conscious decision to purchase goods from Opponent.

5. No Gold box was offered to Complainant, but it was a name given to the scheme or package of prize which includes one wrist watch, cash back voucher of 3 lacs and

6. Complainant failed to established with proof that Opponent has practiced unfair trade, as alleged by Complainant.

7. No objections and complaints are received by Opponents about the quality durability or about the prize charged for the products sold by Opponent to Complainant until now.

12.               On perusal of affidavit of evidence, written arguments and other relevant documents produced by both the parties, following issues are formed:-

1. Whether forum has territorial Jurisdiction to try and entertain the complaint?

Ans. -  Yes.

2. Whether Complainant has successfully established allegations of U.T.P. against the Opponent with documentary evidence?

Ans. – No.

3. Whether complainant is entitled for interest for amount spent by him for purchasing various products by using his credit card?

Ans. – No.

4. Is Complainant entitled for compensation for mental torture for legal charges?

Ans.- No.

5. What order?

Ans.- As per final order.

                     Explanation

1 – Complainant has ordered some products from Opponent which are sent by them to Gujrat, Jam Nagar and Opponent is having its head office at Delhi, but Complainant is staying at Koparkhairne, Navi Mumbai, and same address is mentioned on the invoice dt.15/09/2010, on which Opponent has delivered the products, means cause of action is partly arosed within the territorial jurisdiction of this forum moreover, relief unclaimed or subject matter of complaint is within pecuniary jurisdiction hence forum has territorial jurisdiction to try and entertain the present complaint.

2, 3 and 4 – Complainant has failed to produce any documentary evidence like brouchers, list of phone calls, messages sent by representative of Opponents or any other correspondence exchanged between the parties with regard to the allegations contained in the complaint and especially the correspondence or confirmation from Opponent whether the Complainant has ever been declared to be a winner and sweepstake contest.

                   On the contrary, Opponent has produced brouchers with their affidavit of evidence which shows following prizes-

Sweepstakes contest of                       Rs.  60 lakhs

1) Grand Prize                                    Rs. 8,00,000/-

2) 2^nd Runner up prize worth            Rs. 1,00,000/- each.

3) 1,000 India today club prizes worth Rs.    5,000/- each

In terms and conditions mentioned on the broachers in condition no. 3 – it is stated that –

The Grand prizes, 2 runner up prizes closes at midnight on 30^th June 2010 winners will be determined from eligible entries through a computer generated random drawing held in presence of an auditor. Winner chosen will be final and no correspondence will be entertained.

                   Accordingly on dt. 13/09/2010 prizes were declared at Noida – 1^st prize was for Rs. 8,00,000/-

                   2^nd (2^nd runner up of Rs. 1,00,000/- each)

The names and mobile nos. of the winners are produces by Opponent with their affidavit of evidence (on exhibit   page 14) which is signed by all draw participants and draw execution team.

                   Bagittoday is an online platform for sale of variety of goods, the information of which is readily available at website as well as telecallers who inform the customers about the schemes prevailing at any point of time and customer has to take his own conscious decision whether to participate in such scheme or otherwise. Complainant is an educated person and is fully aware of the goods available in the market and he had taken conscious decision to purchase the said goods from the Opponent no one has forced him to do so. In the allegations made about the Gold box scheme, Complainant is failed to prove with documentary evidence that Opponent has ever promised to give him as price which is a box made up of Gold Metal. Even in broucher produced by Opponent no where it is stated that Gold box means a box made out of Gold metal rather it was a set of prizes which included – cutlery set, holiday voucher and cash back voucher and these free gifts were termed as “Gold Box”, it was merely a scheme consisting of 5 diamond vouchers each worth Rs. 25,000/-.

                   In case of Gold box scheme, if complainant was having some doubt in his mind he would have first enquired with the Opponent’s representative / officials about it before purchasing various products for winning prize of Rs. 6,60,000/- instead he choose to purchase various products by making payment through his credit card and now claiming interest on the amount spent by him through credit cards which is totally false and baseless as Complainant has already purchased various products from Opponent and has used as well as enjoyed it and has availed services rendered by Opponent by delivering those products which are purchased by Complainant through online shopping. Complainant, has never complained to Opponent regarding the performance, quality of the goods, or services rendered by Opponent for online shopping done by Complainant so far.  Moreover it is stated in written arguments of Opponent that the Complainant is still (19/03/2011 Latest transaction) purchasing various products, from Opponent even after filing of the present consumer complaint against Opponent on 5^th March 2011.

                   So, Complainant cannot take advantage of his own wrongs, or irrational behavior practiced by him while blindly purchasing in various such schemes and after enjoying various products Complainant cannot claim for legal charges.

                   Hence, Complainant’s demand for compensation for mental torture, and legal charges is hereby rejected, Complaint no. 25/2011 is dismissed for want of merits and want of documentary evidence to establish allegations of UTP against Opponent.

13.               In view of the above findings we pass the order as follows:-

-: ORDER :-

1. Complaint no. 25/2011 is dismissed for want of merits and want of documentary evidence to establish allegations of UTP against Opponent.

2. No order as to cost.

3. Copies of the above said order be sent to both the parties free of cost.

Date :- 29/10/2014.

Place :-Kokan Bhavan, Navi Mumbai.