R.Vijayakumar, Member
The complaint is filed for getting the gift voucher amount Rs.1500/-, compensation Rs.5000/- and cost.
The averments in the complaint can be briefly summarized as follows.
The complainant, on 23/04/2012 approached the opposite party, to purchase products as the holder of a gift voucher. The opposite party did not allow to purchase items as per the gift voucher amount Rs.1500/- explaining that the gift voucher can be accepted only if he is ready to purchase additional items also. As there is no condition in the gift voucher like this, the complainant demanded the non
(2)
acceptance of gift voucher and its reason in writing. The opposite party was not willing to give anything in writing. Even after the interference of police they were not willing to settle the matter or to give anything as documentary. The period of validity of the gift voucher expired on 25/04/2012. Hence the complainant approached the Forum for getting relief.
Even though sufficient opportunity has been given, the opposite party remained absent and hence set exparte.
The complainant filed affidavit. He was examined as PW1. Ext.P1 marked.
The points that would arise for consideration are :
1. Whether there is any deficiency in service from the part of opposite party?
2. Compensation and cost.
Points (1) and (2)
As the opposite parties remained absent; we are constrained to relay upon the evidence adduced by the complainant.
We have carefully perused Ext.P1. It is found that the gift voucher bearing no.1160382 was issued on October 25, 2011 for an amount of Rs.1500/- and it was valid for 6 months from the date of issue. As stated in the complaint and affidavit, the complainant approached the opposite party for the purchase of some products on 23/04/2012. It is clearly stated in Ext.P1 that “All you have to do is step into the Reebok outlet mentioned below and pick up any Reebok merchandilise worth Rs.1500/-. This coupon is valid for Reebok and Rock port products (on MRP value) and it is valid at ALL INDIA REEBOK and ROCKPORT stores excluding Factory outlets.
(3)
From Ext.P1 itself it is clear that the act of non acceptance of gift voucher and denial of purchase demanding additional purchase of items is a clear deficiency in service from the part of opposite party. The opposite party is liable to pay the gift voucher amount to the complainant. The points found accordingly.
In the result, the complaint is allowed. The opposite party is directed to pay Rs.1500/- to the complainant along with interest at the rate of 9% from 23/04/2012 till the date of payment. The opposite party is further directed to pay compensation Rs.750/- and cost Rs.500/-
The order is to be complied with within one month from the date of receipt of the order.
Dated this the 13th day of July 2012.
G.Vasanthakumari:Sd/-
Adv.Ravi Susha :Sd/-
R.Vijayakumar :Sd/-
INDEX
List of document
P1 - Reebok gift voucher
