THE CONSUMER DISPUTES REDRESSAL FORUM, KOZHIKODE.
C.C.422/2013
Dated this the 9th day of July 2014.
( Present: Sri. G. Yadunadhan, B.A., LLB. : President)
Sri. L. Jyothikumar, B.A., LLB. : Member
Smt.Beena Joseph, M.A : Member
ORDER
By G.Yadunadhan, President:
The case of the complainant is that complainant had purchased a Samsung Mobile Phone for Rs.5,000/- for his son. The Samsung Company offered a scratch and win card and those who won the prize, it would ensure the prize like Samsung Mobile. On this attraction complainant purchased a new Mobile, but the opposite party failed to hand over the scratch and win card, at last several request was made in view of the request opposite party had given a coupon and after scratching the coupon complainant received a number from SMS, he send SMS but the reply was wonder that the coupon was expired one. This was intimated to the opposite party but they refused to hear the complaint. The act of the opposite party is a deficiency of service and unfair trade practice. Therefore complainant seeking relief against opposite party to pay Rs.5000/- for compensation.
Opposite party after serving notice entered in appearance and filed their version stating that the allegation in the complainant that this opposite party offered an Onam offer scratch card win to the complainant by which the opposite party cheated him and he sustained the loss of Rs.5000/-etc are false and cooked up story. It is true that after purchasing the handset the complainant demanded a Scratch Card gift from this opposite party. This opposite party told the complaint that the scratch and win gift coupon is introduced by the Samsung Company for a limited period in the Onam season. Here the opposite party did not given scratch coupon to the complainant. The complainant won very particular to get the gift coupon and he further told the opposite party that even though the period was over he shall scratch and send SMS gift number to the Company for his pleasure. So this type of request of a customer opposite party given a free coupon to the complainant. The allegation in the complaint is that this opposite party told the complainant that the date of validity of the gift coupon is extended to September etc. are false allegations. This opposite party never advise such a wrong advise to any customer. This opposite party given the scratch card only by the demand and request of the complainant. No deficiency of service on the part of opposite party. Therefore complaint is liable to be dismissed.
Points for consideration
- Whether any deficiency of service on the part of opposite party?
- Whether complainant is entitled to get any compensation from opposite party? If so what is the relief and cost.
Complainant was examined as PW1 and Exts.A1 and A2 were marked. No dispute regarding the purchase of Samsung Mobile on 15.09.2013, the offer of scratch and win card ends only on 18.09.2013 it means within the stipulated period. Ext.A2 clearly shows the period in which the scratch card begins and ends. On perusal of version opposite party never admits the date, even though they denying the complainant is entitled to get scratch card while purchasing the Samsung mobile on 15.09.13 itself. The delay of giving the card or non delivery of the card is a clear deficiency of service on the part of opposite party. If the complainant scratch the card and send SMS to the N783MS and replied expired It is not a fare act on the part of opposite party Like the Samsung well known company, should not cheat the customer like this much. Fora treating it as very serious, if opposite party never given such an expired card. In this situation opposite party should ensure with company that the remaining card can deliver or not. The customer has a right to enter in the offer because his purchase of mobile is within the stipulated time. It was clearly shows by Ext.A1 document. This kind of deficiency of service, no excuse from the opposite party. Therefore complainant is entitled to get compensation of Rs.3000/-(Rupees three thousand only) to the complainant without any cost. Comply the order within one month from the date of receipt of the order.
Pronounced in the open court this the 9th day of July 2014.
Date of filing:24.09.2013.
SD/-PRESIDENT SD/-MEMBER SD/-MEMBER
APPENDIX
Documents exhibited for the complainant:
A1. Cash bill for Rs.5000/- dtd.15.09.2013. issued by the opposite party.
A2. Onam offer scratch card.
Documents exhibited for the opposite party:
Nil
Witness examined for the complainant:
PW1.Shajith (Complainant)
Witness examined for the opposite party:
None
Sd/-President
//True copy//
(Forwarded/By Order)
SENIOR SUPERINTENDENT
