<br /> This is a complaint filed U/s. 12 of Consumer Protection Act by the complainant against the two Respondents. The brief facts of the complaint are as under:-<br /> <br /> The complainant C.S. Rastapur is the practicing Advocate at Raichur. Respondent No-1 is Samsung Company and Respondent No-2 Deepa Electronics is dealer of Respondent No-1 at Raichur. For the Deevali Festival of 2004 there was an attractive advertisement by Respondent No-1 in respect of sale of their products in television, paper advertisement and banners in the city giving discounts of Deevali Festival of sales offer with scratch card for each of the products. This offer was named as “Samsung Pinning Toh Winning Offer” in respect of Samsung Color Television, Refrigerator, Washing Machine etc., The advertisement slogans as “Samsung Buying/Gift/Winning/Win gift with every purchase”. Attracting to the advertisement, the complainant purchased Refrigerator M-SR-17 on 11-11-04 from Respondent No-2. The dealer of Respondent No-1 Samsung product who gave a discount and told that he has not received scratch cards and within a week he is expected to receive and at that time he will give scratch card. Believing the words of Respondent No-2 the complainant took the Refrigerator on 11-11-04. After a week the complainant approached the Respondent No-2 who told that he has not received scratch card. On being objected by the complainant, Respondent No-2 had expressed that the matter will be complained to Respondent No-1 and once again Respondent No-2 told that he will be receiving scratch card within a week and he will provide after a week. Believing his words the complainant approached after a week for his scratch card. Attractive Respondent No-2 denied to give scratch card and asked to do anything what ever he likes.<br /> <br /> Thus that the Respondent No-2 cheated the complainant by not delivering the scratch card. The highest prize that was offered in scratch card is Home Theatre Projection TV costing about Rs. 1,25,000/-. The last and smallest prize that was offered is Travel Iron. It appears that the Respondent No-2 having scratch cards with him did not deliver and when the card is scratched it appears it was having a big prize Home Theatre TV. The Respondent No-2 who is the dealer of the Respondent No-1 product has cheated complainant and so Respondent No-2 is responsible to pay the maximum prize Projection TV+ Home Theatre to the complainant. The sales taken place at Gulbarga and Lingasugur by the Respondent No-1 Company have secured a Projection TV+ Home Theatre for the purchase of Samsung Product in scratch cards. The intention of the Respondent No-2 is malafide to cheat the complainant and has suppressed all the facts and also falsely represented that he has not received the scratch card at the time of sales and subsequently. The tactics played by the Respondent No-2 is totally with malafide intention to dupe the complainant and the Respondent No-1 is held responsible to compensate the loss of securing Projection TV + Home Theatre of Samsung company. So there is deficiency of service in supply of goods by the Respondents. The cause of action has arisen on 03-12-04 when finally the Respondent No-2 has refused to give scratch card. Hence for all these reasons the complainant has sought for direction to the Respondent to give Projection TV + Home Theatre of Samsung Company with damages and cost.<br /> <br /> 2. In response to service of notice Respondent No-1 remained absent when called out, hence Respondent No-1 was placed ex-parte. Respondent No-2 though appeared through Sri. C.N.Chandrashekarayya Advocate, but failed to file written version in spite of granting sufficient time hence taken as no written statement/written version by Respondent No-2.<br /> <br /> 3. During the course of enquiry the complainant has filed his sworn affidavit as chief-examination and has got marked five documents at Ex.P-1 to P-5. The Respondent No-2 even, has failed adduced rebuttal evidence or to cross-examine complainant. Hence heard the arguments of complainant who is a practicing advocate only as no representation by Respondent No-2 or his counsel.<br /> <br /> 4. The following points arise for our consideration and determination:-<br /> <br /> 1. Whether the complainant proves deficiency in service by the Respondents in not giving scratch card to complainant to have a winning gift as per their offer, as alleged?<br /> <br /> 2. Whether the complainant is entitled for the reliefs sought for.<br /> <br /> 5. Our finding on the above points are as under:-<br /> <br /> 1. In the Affirmative.<br /> <br /> 2. As per final order for the following.<br /> <br /> REASONS<br /> <br /> POINT NO.1:-<br /> <br /> 7. It is the case of the complainant that for Deevali festival of 2004 there was sales offer with scratch card for each of the sold products as “Samsung Toh Winning Offer” in respect of Samsung color TV Refrigerator Washing Machine etc., The advertisement slogans as “Samsung Buying/gift/winning/win gift” with every purchase. As per this attractive advertisement the complainant purchased a Refrigerator M-SR-17 on 11-11-04 from the Respondent No-2 who is the dealer of Respondent No-1. The complainant has produced cash bill bearing No 761 dt. 11-11-04 at Ex.P-1. It shows that for the original prize of Rs. 9,490/- a discount of Rs. 1,225/- was given and net prize of Rs. 8,265/- with sale tax of Rs. 124/- a total of Rs. 8,389/- was received from the complainant. The complainant has also produced Owners Instruction Book at Ex.P-2 and Warranty Card at Ex.P-3. He has also produced Paper Cuttings and color poster of the advertisement of Samsung at Ex.P-4 & P-5. Paper Cutting at Ex.P-4 interalia shows the advertisement “Samsung Pinning Toh Winning Offer” in respect of Projection TV+ Home Theatre, Mobile phone, DVD Player, Britannica 3 CD learning pack, CD Yepp player, Lan Phone, Sun glass and Travel Iron. The terms and conditions apply. Offer valid on select models only or till stocks last, DVD player free on purchase of select 74 cm TV models, Finance at the sale of discretion of the financier. 1+3 years extended warranty applicable on purchase till 15th November 2004 only. Warranty and service to the products as per the service policy of Samsung. Samsungs “Pinning Toh Winning” offer in addition to the Flat TV and DVD Player Bundle/Combo offer. On availing the Flat TV and DVD Bundle/Combo offer, only the “Pinning Toh Winning” scratch card will be applicable. Check with dealer for more details. Products available without the offer also. Visit www.samsung.com/india <br /> <br /> Ex.P-5 is the Color Poster Acknowledgement of Samsung showing “Pinning Toh Winning” offer “Samsung Buying/Gift/Winning/Win Gift with every purchase”. This poster also shows application of terms and conditions namely: Offer valid on Samsung color Television, Refrigerator, Washing Machine, Air-Conditioner, Microwave, Audio System, Camcorder, DVD Player, Home Theater System, GSM Mobile Phone only. Offer valid till stocks last. <br /> <br /> From a close perusal of Ex.P-4 advertisement in paper cutting shows every purchase of the Samsung products as referred above will be given with scratch card to win the gift of Samsung products as detailed their-in. It also shows that for the details contact their dealers. The complainant contends that the Respondent No-2 is a dealer of Respondent No-1. Admittedly this Respondent No-2 has appeared through counsel but in spite of granting sufficient time he has not filed written statement/written version contraverting the case of the complainant. This in-turn shows that the Respondent No-2 has no defence to defend the case against the complainant. Ex.P4- and P-5 are the sale offers given by the Respondent No-1 Samsung products stipulating the offer within 15th November 2004. Admittedly the complainant has purchased the Refrigerator under cash bill at Ex.P-1 on 11-11-04. Hence the Respondent are liable for the offers made vide Ex.P-4 & P-5. The Respondent No-2 being dealer of Respondent No-1 to Respondent No-1 is liable for the acts and omissions of Respondent No-2. The complainant has contended that as per the advertisement offer vide Ex.P-4 & P-5 a scratch card will be given to every purchased products like Refrigerator purchased by him, and this scratch card will be having numbers relating to gift products having maximum prize [gift] is Home Theatre TV and smallest prize is Travel Iron. The Respondent No-2 while purchasing the Refrigerator under Ex.P-1 told him that he has not having scratch card and same will be received with in a week and when he was approached after a week he again repeated the same and further assured complaints to the Respondent No-1 in the matter and asked the complainant to come after a week and thereafter he refused to give scratch card on 03-12-04. As stated above the Respondent No-2 even though he appeared through counsel has not resisted this contention of the complainant. So the conduct of Respondent No-2 in keeping mum by not filing written statement strengthens the case of the complainant in the first instance evading to give scratch card and lastly refusing the same and thereby it amounts to deficiency in service by the Respondents. Hence we hold that the complainant has proved deficiency of service by the Respondents. Therefore point No-1 is answered in the affirmative.<br /> <br /> POINT NO:2:- <br /> <br /> 8. The complainant has sought for direction to the Respondents to give Projection TV + Home Theatre of Samsung Company with damages and cost. According to the complainant the advertisement was with regard to giving of scratch card for each of the purchased products for the purposes of winning gift articles and highest prize that was offered in the scratch card is Home Theater+ TV costing about Rs. 1,25,000/- and the smallest prize that was offered in the scratch card is Travel Iron. This means every scratch card was not having the highest prize of Home Theatre+ TV costing about Rs. 1,25,000/- or the lowest prize of Travel Iron. So in this background it cannot be said that the complainant has lost highest prize of gift of Home Theatre+ TV Projection worth Rs. 1,25,000/-. Under these circumstance and having regard to our discussion and finding on Point No-1 we feel it just and proper to hold that the complainant is entitled to the medium prize gift as shown in the advertisement at Ex.P-4 and P-5. So far as the claim of damage is concerned, except bare claim the complainant has not shown as to how much he had suffered damages to claim the same. However having regard to above discussion and facts and circumstance of the case we hold that the complainant is entitled to Rs. 10,000/- towards damages including cost of litigation. In this view of the matter we pass the following order:<br /> <br /> ORDER<br /> <br /> The complaint of the complainant is allowed in part.<br /> <br /> The Respondents 1 & 2 are directed to give the moderate prize of the gift articles shown in the advertisement Samsung “Pinning Toh Winning Offer” “Samsung Buying Winning Win Gift with every purchase offer” for the Deevali festival of 2004 sales offer. <br /> <br /> The Respondents shall pay Rs. 10,000/- towards damages and cost. <br /> Both the Respondents are jointly and severally shall comply this order within a period of [8] weeks from the date of receipt of copy of this order.<br /> <br /> <br /> (Dictated to the Stenographer, typed, corrected and then pronounced in the open Forum On 25-11-05.)<br /> <br /> Sd/-<br /> Sri. N.H. Savalagi,<br /> President,<br /> District Forum-Raichur.<br /> <br /> Sd/-<br /> Sri. Pampannagouda, <br /> Member<br /> District Forum-Raichur.<br /> <br /> <br /> Sd/- <br /> Smt.Kavita Patil, <br /> Member. <br /> District Forum-Raichur<br />