BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI. G. SIVAPRASAD : PRESIDENT

SMT. BEENAKUMARI. A : MEMBER

SMT. S.K.SREELA : MEMBER

C.C. No. 315/2009 Filed on 16.11.2009

Dated : 30.04.2010

Complainant:

Latha. K, T.C 4/1296(2), Sree Krishna, GNRA-48, Pentagon Lane, Kuravankonam, Thiruvananthapuram.

Opposite parties:

1. The Proprietor, Kunku Life Style, Chalai, Thiruvananthapuram.

    

2. Eppan Shaje, Distributor, Ahalya Agencies, Kurusumoodu, Changanacherry-4.

    

3. Ranganath, Marketing Manager, Stovekraft, 58/2, Chickalasandra, Subramaniyapuram Road, Bangalore-61.

This O.P having been heard on 26.03.2010, the Forum on 30.04.2010 delivered the following:

ORDER

SMT. BEENAKUMARI.A: MEMBER

Complainant bought a Gilma Blackline Nero 3 burner stove from the 1^st opposite party at Chalai on 20.10.2009 vide bill No. 003609 for Rs. 8,490/-. As she had some doubts regarding the self ignition system, complainant was guided to the gilma exclusive store by the helpline No. 9847241962, the very next day, from where she knew that the same stove was being sold at Rs. 8,990/- with a free chimney worth Rs. 6,000/- and that offer was running for the last one month. Then the complainant contacted the dealer and the helpline to know the reason for not giving the free chimney, then they replied that the offer is only at the Gilma exclusive. The complainant further stated that it was a Deepawali offer, it should be applicable to all shops and both the shops are in 2 km radius. The complainant sent complaints to the opposite parties on 24.10.2009, but still no reply from them. Hence this complaint.

Opposite parties in this case remained exparte. Complainant has filed proof affidavit and produced 3 documents.

Points that would arise for consideration are:-

1. Whether there has been deficiency in service or unfair trade practice occurred from the side of opposite parties?

2. Whether the complainant is entitled to get the reliefs?

Points (i) & (ii):- To prove the contentions of the complainant, she has filed proof affidavit and produced 3 documents which were marked as Exts. P1 to P3. The document marked as Ext. P1 is the original cash bill. As per this document the price of the Gilma Blackline Nero 3 Burner is Rs. 8,490/-, date of bill is 20.10.2009. Ext. P2 is the Mathrubhumi daily dated 23.10.2009 in which the offer was published. We carefully observed the advertisement published by 'Gilma'. As per this document the offer price is Rs. 9,990/-. The complainant purchased the stove for Rs. 8,490/- and it is specifically stated in the advertisement that “For more offers visit Gilma Xclusives” and also in this advertisement it is clearly stated all the Xclusive Showrooms of Gilma. In this document we cannot see the name of the 1^st opposite party's showroom. From that document the only show room of Gilma in Thiruvananthapuram is in Pankaj Tower, Spencer Junction. And moreover the complainant has purchased the stove on 20.10.2009. The date of advertisement is 23.10.2009, i.e; after the purchase. Complainant has no evidence to show that from which period and till which period the offer was existing. From the evidences adduced by the complainant herself, we conclude that the complainant has no eligibility to get the offer. The offer is only for those who purchased the stove from the exclusive showrooms of the Gilma only. Hence we find that there has been no deficiency in service or unfair trade practice occurred from the side of opposite parties. Hence the complaint is dismissed. No costs.

In the result, the complaint is dismissed.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 30^th day of April 2010.

BEENAKUMARI. A : MEMBER

G. SIVAPRASAD : PRESIDENT

S.K. SREELA : MEMBER

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C.C. No. 315/2009

APPENDIX

I COMPLAINANT'S WITNESS :

NIL

II COMPLAINANT'S DOCUMENTS :

P1 - Original cash bill No. A 003689 dated 20.10.2009

P2 - Mathrubhumi paper carrying the advertisement on 23.10.2009

P3 - E-mail to distributor and company.

III OPPOSITE PARTY'S WITNESS :

NIL

IV OPPOSITE PARTY'S DOCUMENTS :

NIL

PRESIDENT