Sri.D.Krishnappa,<br /> President<br /> <br /> 1. The Complainant has approached this Forum against the Opposite parties with his grievance that he had obtained a personnel Reliance One Membership Consumer Card and also its membership with an advantage if whenever the Complainant purchase consumable articles in any shop belongings to 2nd Opposite party for Rs.100/- he will get a point as advertised by the Opposite parties and whichever a consumer acquires 25 points such consumer will get deduction of Rs.25/- from the total bill given for purchase, therefore he is a consumer. That he has purchased consumable articles from the 2nd Opposite party and on 02.01.2008 he had acquired 25 points to his credit and when he claimed deduction of Rs.25/- from their bill, the 2nd Opposite party told him to deduct Rs.25/- in the next bill when the Complainant goes for next purchase. But, the Opposite parties have not given any reasons for not giving benefit after having acquired 25 points and in this way the Opposite parties are indulged in unfair trade practice. He has also entered his grievance in the Complaint book maintained by 2nd Opposite party, but was of no use, he also get issued a legal notice to 1st Opposite party on 04.02.2008 and therefore, has prayed for awarding damages of Rs.25,000/- for his mental agony and for a direction to return Rs.25/- as a bonus points and notice charges of Rs.1,500/-. <br /> 2. As the Complainant aired his grievance against 2nd Opposite party, notice was ordered against 2nd Opposite party only, which has been duly served on him but has remained absent, is set exparte. The 1st Opposite party is not summoned as he is not a necessary party to this Complaint. <br /> 3. The Complainant in the course of enquiry into the Complaint has filed his affidavit evidence reproducing what he has stated in the Complaint. The Complainant has produced the literature of 2nd Opposite party propagating the beneficial scheme, bills for having purchased goods from 2nd Opposite party in a sum of Rs.2,923.65/- on different dates. Heard the counsel for the Complainant and perused the records.<br /> 4. On perusal of the literature said to have been issued by 2nd Opposite party, it propagates that on the consumer spending Rs.100/- in the purchase in their shop, such consumer earn one reliance point and if a consumer acquire minimum 25 points such a consumer can acquire redemption voucher for getting deduction of Rs.25/- from out of the bill amount. After getting influenced by this offer. The Complainant shown to have purchased many consumable articles on different dates amounting to Rs.2,923.65/-, but it is the claim of the Complainant that on 02.01.2008 when he purchased the articles from the shop of 2nd Opposite party he claimed deduction of Rs.25/- on accruing 25 points, the 2nd Opposite party did not oblige him and therefore contended that the 2nd Opposite party has played unfair trade practice. The Complainant also got issued a legal notice to issuer of the card that 1st Opposite party but is of no use. The Complainant has also produced a letter of the Opposite party sent to him on 25.03.2007 informing the Complainant of his entitlement for the benefit on accrual of 25 loyalty points as per the eligibility criteria. But, despite the Complainant having acquired 25 points, the Opposite party found to have failed to offer the benefit to the Complainant and despite issue of notice and receipt of notice of this Complaint has remained absent. It is on perusal of the entire material placed before us, we are convinced that the Complainant has made out a prima-facie case of this Opposite party indulged in unfair trade practice to boost their business by misdirecting the consumers to fall pray to their profit motivated tactics. The case of the Complainant is therefore remained undefended and uncontraverted. As the result, we hold that the 2nd Opposite party has indulged in unfair trade practice and the Complainant would be entitled to relief that we are going to grant below and proceed to pass the following order:- <br /> <br /> ORDER<br /> <br /> 1. The Complaint is allowed.<br /> 2. The 2nd Opposite party is held to have indulged in unfair trade practice and therefore is directed to pay damages of Rs.5,000/- to the Complainant and also remit Rs.5,000/- to the legal aid account of this Forum. <br /> 3. The 2nd Opposite party is directed to pay the above amounts to the Complainant and also this Forum within 60 days from the date of this order, failing which it shall pay interest at 10% p.a. from the date of this order till the date of payment.<br /> 4. The 2nd Opposite party shall also pay cost Rs.1,000/- to the Complainant.<br /> 5. Give a copy of this order to each party according to Rules.<br /> <br />