COMPLAINT FILED: 29.05.2009<br /> DISPOSED ON: 04.12.2009 <br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)<br /> <br /> 04TH DECEMBER 2009<br /> <br /> <br /> PRESENT :- SRI. B.S. REDDY PRESIDENT<br /> <br /> SMT. M. YASHODHAMMA MEMBER <br /> SRI. A. MUNIYAPPA MEMBER <br /> <br /> COMPLAINT NO.729/2009<br /> <br /> <br /> COMPLAINANT Sri. Vittala.K.,<br /> S/o Seetharamappa,<br /> R/at No.20, Kalparuksha,<br /> 2nd Floor, 2nd Main,<br /> 1st Cross, KEB Layout,<br /> BTM 1st Stage,<br /> Bangalore – 560 029.<br /> <br /> Advocate: Sri M. Girish<br /> <br /> <br /> V/s.<br /> <br /> <br /> OPPOSITE PARTY Orange Electronics,<br /> No.114/1 Outer Ring Road,<br /> Vijaya Bank Colony,<br /> Doddabanasawadi,<br /> Bangalore – 560 078.<br /> <br /> Rep: by its Manager/Secretary.<br /> <br /> Advocate: Sri R.N.Chandra Chooda<br /> <br /> <br /> O R D E R<br /> <br /> SMT. M. YASHODHAMMA, MEMBER<br /> <br /> This is a complaint filed U/s. 12 of the Consumer Protection Act of 1986 by the complainant seeking direction against Opposite Party (herein after called as O.P) to arrange for free trip to Bangkok and Pattaya, refund of Rs.5,000/- advance amount paid to purchase LCD TV with 18% interest and damages of Rs.50,000/- for false advertisement issued by OP and damages of Rs.50,000/- for mental agony along with cost on the allegations of deficiency in service on the part of the OP. <br /> <br /> 2. The brief averments made in the complaint are as follows:<br /> <br /> Complainant being lured away with the advertisement made by the OP in news paper dated 24.10.2008 stating free trip to Bangkok and Pattaya with every purchase of an LCD TV of any size and any brand apart from offering mobile – every 5 minutes, microware – every 15 minutes, LCD every half an hour, maruthi 800 – every 01 hours. Launch offer – lucky draw every 5 minutes today between 2 PM to 7 PM. For every purchase worth Rs.10,000/- get a gift of Rs.2,000/- free etc., made an advance payment of Rs.5,000/- to OP to purchase LCD 26 LG 30 costing Rs.29,000/-.<br /> <br /> The paper advertisement and invoice issued by OP dated 24.10.2008 is produced. It is the case of the complainant that he offered to pay the entire price by cash. OP informed that there is no stock of that brand at present, same will be delivered to the residence of the complainant, balance amount of Rs.24,000/- can be paid at the time of delivery of the said LCD TV. After the payment of advance amount of Rs.5,000/-, complainant waited for proposed trip to Bangkok and Pattaya. Complainant happily told to his friends and relatives that he will go on foreign trip, he postponed his business engagements, meetings purchased bags, suitcases etc. When OP official failed to turn up complaint enquired through phone. OP replied that scheme has been cancelled for non availability of sufficient members. OP started avoiding the complainant. Complainant caused legal notice. Inspite of service of notice OP failed to respond. Hence complainant felt deficiency in service and unfair trade practice on the part of the OP. Under the circumstances he is advised to file this complaint for the necessary reliefs.<br /> <br /> 3. On appearance, OP filed its version mainly contending that OP deals with electronic items in their show room called ‘Orange Electronics’. On sales promotional activity OP had published an AD in all leading news papers on 24.10.2008 with regards to sale of electronic goods, subject to free trip to Bangkok and Pattaya on a condition of full purchase of LCD TV with applied terms and conditions. The offer was valid for a single day. Complainant paid Rs.5,000/- advance on 24.10.2008 and selected LCD TV and promised to pay the balance amount in the afternoon. OP repeatedly called the complainant but he failed to turn up and pay the balance amount. Complainant lost the opportunity of availing free trip. Mere selection and advance payment does not come under advertisement meaning of purchase. Further OP denied the allegation that there is no stock of electronics goods at his shop on 24.10.2008. Till today complainant failed to purchase the LCD TV. Inspite of reminding, complainant failed to turn up and collect the advance amount. OP shifted their office hence inadvertently legal notice slipped from their mind. Among other grounds OP prayed for dismissal of the complaint. <br /> <br /> 4. From the above pleadings the points now that arise for our consideration are as under: <br /> <br /> Point No.1:- Whether the complainant has proved <br /> the deficiency in service on the part of<br /> the OP?<br /> <br /> Point No.2:- If so, whether the complainant is entitled<br /> for the relief’s claimed?<br /> Point No.3:- To what Order?<br /> <br /> 5. We have gone through the pleadings of the parties, both oral and documentary evidence and the arguments advanced. In view of the reasons given by us in the following paragraphs our findings on:<br /> <br /> Point No.1:- In Affirmative. <br /> <br /> Point No.2:- Affirmative in part.<br /> <br /> Point No.3:- As per final Order. <br /> <br /> 6. At the outset it is not at dispute that the complainant being a customer of the OP who is a dealer in electronic goods in their shop named as “Orange Electronics” lured away with the advertisement made by the OP dated 24.10.2008 and which offered free trip to Bangkok and Pattaya with every purchase of LCD TV of any size and any brand etc, and paid Rs.5,000/- cash as an advance payment to OP to purchase LCD TV 26 LG 30 costing Rs.29,000/-. The paper advertisement and invoice issued by OP dated 24.10.2008 are produced. <br /> <br /> 7. Further it is also not at dispute that the said offer was valid for a single day i.e. on 24.10.2008. Admittedly on 24.10.2008 complainant offered to purchase LCD TV 26 LG 30 costing Rs.29,000/- by making an advance payment of Rs.5,000/- by way of cash. Further it is contended by the complainant that he was ready with entire price by cash but OP said that there is no stock of that brand at present. Same will be delivered to his residence on the payment of balance amount of Rs.24,000/-. This contention of the complainant cannot be accepted because no supporting evidence is produced by the complainant. <br /> <br /> 8. As against this OP contended that complainant selected the LCD TV, made advance payment of Rs.5,000/- and promised to pay the balance amount in the afternoon of 24.10.2008, but failed to turn up and pay the balance amount. Hence complainant lost the opportunity of availing free trip to Bangkok and Pattaya.<br /> <br /> There is no completion of the sale transaction. Hence complainant cannot claim the free offer made by the OP. Mere selection of goods and payment of advance amount will not come under the meaning of purchase. In our view, it is not the case of the complainant that he made the entire payment of the LCD TV to OP and OP failed to supply the same as there was no stock; so as to hold that complainant is entitled for the free offer made by the OP. Here the complainant himself is a defaulter, he has not made the entire payment of Rs.29,000/- being the cost of LCD TV to claim free offer. When transaction of purchase is not complete, complainant is not entitled to claim free offer made by OP.<br /> <br /> 9. Complainant has not made out any case to award compensation and damages as claimed by him. OP knowing very well that complainant is not entitled to claim free offer, could have fairly refunded the amount to the complainant. OP retained the amount till today so as get wrongful gain, even after service of legal notice. This act of the OP amounts to deficiency in service on its part. We are satisfied that complainant is able to prove the deficiency in service on the part of the OP. Under the circumstances complainant is entitled for refund of amount paid to OP with interest and cost. Accordingly we proceed to pass the following: <br /> <br /> <br /> <br /> <br /> <br /> O R D E R<br /> <br /> The complaint is allowed. OP is directed to refund Rs.5,000/- together with interest at 12% p.a. from 24.10.2008 to till realization along with litigation cost of Rs.1,000/- to the complainant.<br /> <br /> This order is to be complied within four weeks from the date of its communication. <br /> <br /> (Dictated to the Stenographer and typed in the computer and transcribed by him, verified and corrected, and then pronounced in the Open Court by us on this the 04th day of December 2009.) <br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> Snm:<br /> <br /> <br /> <br /> <br /> <br />