Haryana

Kurukshetra

CC/161/2019

Dheeraj Kumar - Complainant(s)

Versus

Sargam India Electronics - Opp.Party(s)

Shekhar Thakur

26 Sep 2019

ORDER

BEFORE THE DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, KURUKSHETRA.

 

Consumer Complaint No.161 of 2019.

Date of Instt.:29.04.2019.       

Date of Decision: 26.09.2019.

 

Dheeraj Kumar s/o Shri Chander Bhan, r/o H.No.1538/7, Ward No.30, Azad Nagar, District Kurukshetra.

                                                                ……….Complainant.                                               Versus                      

 

Sargam India Electronics Pvt. Ltd., Paras Complex, Paras Road, Kurukshetra through its Managing Director.

..………Opposite party.

 

Complaint under Section 12 of the Consumer Protection Act.

 

Before       Smt. Neelam Kashyap, President.    

                   Ms. Neelam, Member.       

                   Shri Sunil Mohan Trikha, Member.                                               

Present:     Shri Shekhar Thakur, Advocate for the complainant.

Shri Vanshaj Goyal, Auth. Rep. for the Opposite Party.

 

ORDER

                                                                         

                    This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by complainant Dheeraj Kumar against the Sargam India.

2.             The brief facts of the complaint are that the complainant had purchased a HP Laptop 15-DA0327TU CND8443S9V from the OP on 31.03.2019 for a sum of Rs.32,500/-. During the visit on 31.03.2019 at the shop of OP, it has been stated to him by the sales representative of the OP that there was a promotional scheme named as Double Dhamal Offer, upon purchasing of electronics products like laptop from its shop and under such offer, any customer who participated, would have chances of winning a motorcycle and there was a minimum assured prize of LOTTO GIFT TRAVEL BAG, which was having cost of Rs.1500/- to Rs.2500/- as per availing market price. Accordingly, a coupon was issued bearing NO.09945 to him. The complainant participated in such offer by purchasing aforesaid laptop and he won the minimum assured prize of Lotto Bag through Coupon No.09945. He asked the OP to provide the Lotto Bag, upon which, the official of the OP asked him that such bags were not available on that date and provide the same within 1-2 days. He visited to shop of OP in 1-2 days, but the OP deferred the matter on one pretext or the other. Again on 11.04.2019, he visited the OP, but this time, the OP tried to gave a local bag worth of Rs.100/- to 200/- instead of his assured prize i.e. LOTTO TRAVEL BAG. When he refused to receive such local bags, the OP as well as his officials misbehaved with him. In this way, the OP is deficient in services. Hence, this complaint.

3.             Upon notice, Opposite Party appeared through counsel and filed the written statement raising preliminary objections regarding maintainability. It is stated that the complainant purchased one laptop manufactured by HP on 31.3.2019 vide Invoice No.KUR-18-3133 for a sum of Rs.32,500/-. The complainant was duly informed about the cost, gift and warranty terms of the product and after being fully satisfied by all the information, he considered to purchase the said product. The complainant was given sealed pack and new Laptop of HP. There was promotional scheme named Double Dhamal Officer, upon purchase of single item of Rs.15,000/- and above. The customer who participate will have chances of winning a motorcycle or minimum assured prize i.e. Travel Bag Small and nowhere it was mentioned that Lotto Gift Travel Bag as mentioned in the complaint. The evidence of the scheme and its terms & conditions are annexed with the reply. The OP offered the scheme travel bag, but every time the complainant refused to accept the same and demanded gift of his own choice i.e. Lotto Gift Travel Bag. There is no deficiency on the part of the OP and the present complaint may be dismissed with exemplary costs.

4.             The learned counsel for the complainant has tendered affidavit of complainant as Ex.CW1/A alongwith documents Ex.C-1 & C-2 and closed the evidence. The Authorized Rep. for the OP has tendered affidavit as Ex.RW1/A and closed the evidence.

5.             We have heard the learned counsel for the complainant as well as the authorized representative for the OP and have perused the case file carefully.

6.             Admittedly, the complainant had purchased a HP Laptop from the OP vide Invoice dated 31.03.2019 Ex.C-1. There is also no dispute that there was a promotional scheme “Double Dhamal Offer” on purchasing of electronics products and as per that offer, any customer who participated, would have chances of winning a motorcycle and other minimum assured prize Ex.C2. The grievance of the complainant is that the OP had not provided him the Lotto Gift Travel Bag, as per scheme, therefore, the OP is deficient. On the other hand, the OP contended that as per the scheme, they offered Travel Bag Small to the complainant, but he refused to accept the same and demanded Lotto Gift Travel Bag. To support his contention, the complainant produced his affidavit as Ex.CW1/A alongwith documents Ex.C1 & Ex.C2, whereas, on the other hand, the OP had not produced any documentary evidence to support his contention. However, at the time of argument, the authorized representative of the OP has made a statement that they are ready to provide the Lotto company bag to the complainant. Since the OP got ready to provide the bag in question to the complainant after the filing of the present complaint by the complainant, therefore, the OP is deficient, as such, certainly the complainant is also entitled to get compensation on account of mental agony and physical harassment suffered by him alongwith litigation expense.

7.             In view of the aforesaid discussion, we hereby allow the present complaint and direct the OP in the following manner:-

1. To provide Lotto Gift Travel Bag to the complainant. 
2. To pay Rs.2,000/- as compensation and litigation charges.

                The OP is further directed to comply with the aforesaid directions within the period of 30 days from the date of receipt of the certified copy of this order, failing which, the complainant will be at liberty to initiate proceedings under Section 25/27 of the Act against the OP. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room. 

Announced in open Forum:

Dt.:26.09.2019. 

                                                                        (Neelam Kashyap)

                                                                        President.

(Neelam)           (Sunil Mohan Trikha)        

                Member             Member