D.o.F:29/10/09 D.o.O:17/12/09 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD CC.238/09 Dated this, the 17th day of December 2009 PRESENT: SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER SMT.P.P.SYAMALADEVI : MEMBER Chandrakiran, S/o Narayanan Iriya PO, Pullur, Hosdurg : Complainant (Adv.Johny Scaria,Hosdurg) 1. The Proprietor, National Radio electronics Cor. H.O.Taliparamba, Po.Taliparamba. : Opposite parties 2. The Manager, National Radio electronics Cor Kottachery, PO.Kanhangad. (Ex-parte) ORDER SRI.K.T.SIDHIQ : PRESIDENT The case of complainant Chandrakiran is that the opposite party No.1 from whom he purchased an LG LCD Television with other articles on 12/8/2009 has not supplied with the Dish TV Antenna receiver that was offered as a free gift. Instead they issued him a coupon and asked him to fill and sent the coupon with a DD for Rs.99/- to Spectra mind Marketing Pvt. Ltd Noida to get the DTH Receiver. Though he sent the duly filled coupon with DD to the said addressee, he did not receive the DTH receiver as promised by Ist opposite party. Hence the complaint. 2. Notice to opposite parties were sent by registered post. Though both opposite parties received the notice they did not care to appear and contest the case. Hence they were set exparte. 3. Complainant examined as PW1 and Exts.A1 to A3 marked. Heard the complainant and the documents perused. 4. Complainant deposed that he opted to purchase the LG LCD T.V from Ist opposite party lured with the attractive advertisement of opposite parties that a DTH receiver is given as a gift with the purchase of LG LCD T.V. Further in Ext.A1 it is notted that LCD Coupon is issued. Ext.A2 is the copy of the DD dtd. 8/9/09 for Rs.99/- drawn in favour of Spectramind Marketing Pvt. Ltd. Ext.A3 is the LG LCD claim form given by Ist opposite party to the complainant. In the said form it is printed Buy LG LCD T.V and get a DTH set Top Box & 3 months subscription free. 5. According to PW1, though he sent all the documents with D.D for Rs.99/-, he did not receive the DTH set Top Box as promised by the Ist opposite party. Sec.2 (1)(r)(3) of the Consumer Protection Act envisages that the offering of gifts, prizes or other items with intention of not providing them as offered or creating impression that something is being given or offered free of charge when it is fully or partly covered by the amount charged in the transaction as a whole” is an unfair trade practice. No doubt the opposite parties have committed unfair trade practice without supplying the DTH set top box as a free gift to the complainant. The complainant deposed that the present market value of the DTH set top box is approximately Rs.2500/-. In the result the complaint is allowed and the opposite parties are directed to supply the free gift ie, DTH set top box to the complainant as offered by them with a compensation of Rs.3000/- and a cost of Rs.2000/-. In the case of inability to supply the DTH set top box, opposite parties shall also pay Rs.2500/- to the complainant in addition to the compensation and costs afore mentioned. Time for compliance is limited to 30 days from the date of receipt of copy of order ,failing which the above compensation of Rs.3000/- will carry interest @ 12% per annum from the date of complaint till payment. Sd/ Sd/ Sd/ MEMBER MEMBER PRESIDENT Exts.A1-17/8/09- invoice A2-Copy of D.D A3-LGLCD claim form PW1-Chandrankiran- complainant Sd/ Sd/ Sd/ MEMBER MEMBER PRESIDENT eva/ /Forwarded by Order/ SENIOR SUPERINTENDENT
......................K.T.Sidhiq
......................P.P.Shymaladevi
......................P.Ramadevi | | 
