CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM.

Present

Sri. Santhosh Kesavanath P. President

                                                                                                                                         Smt. Bindhu.M.Thomas, Member

                                                                                                                                        Sri. K.N. Radhakrishnan, Member

 

CC No.263/11

Tuesday the 29^th day of May, 2012

 

Petitioner                                              : E.Thomas Pappachan,

                                                               Elemplackal Latha Villa

                                                               Kannakkari-686 632.

                                                               (Adv.Praveen.K.Joy)

                                   

                                                          Vs.

 

Opposite parties                                   : Sylcon,

                                                             Mattithra Auditorium

                                                             Baker Junction, Kottayam

                                                                      

 

            The case of the complainants presented on 17-10-11 is as follows

            He had purchase a pair “NIKE” brand shoes from the opposite party on 26-9-2011 for an amount of Rs.4295/-. The complainant had purchased the shoes on the basis of the advertisement given by the opposite party and they had issued a “Free Purchase Coupon” for Rs. 1500/- to the complainant. Thereafter on 3-10-2011 the complainant purchased another one pair shoes of “Addidas” for his younger son for an amount of Rs.2395/-. The complainant handed over the “Free purchase coupon” of Rs. 1500/- and the balance amount for the shoes to the opposite party. Then the opposite party told that they have received coupon only Rs.250/- and the balance full amount should remitted by the complainant. The opposite party had cheated the complainant and the entire people through misleading advertisement. There was clear deficiency in service on the part of the opposite party. The complainant and the entire people had sustained heavy loss and sufferings due to the negligent act of the opposite party. Hence this complaint.

            The notice was served with the opposite party. They appeared and filed their version contending as follows. The complaint is not maintainable either in law or on facts. If there is any breach of condition, under any contract, such disputes has to be raised before the civil court. Each person to the contract should be aware of the terms and condition s. The free coupon consisted of certain terms and conditions, which were displayed in the shop and everybody knew that discount will be given, if there is a purchase of more than Rs.7500/-. It is a proportional discount coupon and for getting the entire discount of Rs.1500/-, the purchase should be made for more than Rs. 7500/-. Therefore the allegations of the complaint without any bonafides. There was no deficiency in service on the part of the opposite party. Hence the complaint may be dismissed with costs.

            The complainant examined as PW1 and two documents produced which are marked as Exts. A1 and A2.

            Heard both sides. We have gone through the complaint, version, documents and evidences of both sides. The case of the complainant is that the opposite party has not accepted the purchase coupon issued to the complainant. According to him the entire purchase coupon was valid and the same should be accepted by the opposite party. The opposite party has taken a contention that there was no consumer disputes involved in this case and the forum has no jurisdiction to entertain the present complaint. According to them the complaint is with regard to the terms and conditions of a contract between the parties. Hence the matter should be adjudicated before the civil court. From the available documents and evidences in this case it can be seen that the act of the opposite party amounts to clear unfair trade practice. From Ext.A1 advertisement produced by the complainant it can be seen that the opposite party had violated the offer of “Free Purchase Coupon” issued to the complainant. The opposite party is liable to compensate the complainant. Hence we are of the opinion that the case of the complainant is to be allowed.

            In the result the complaint is allowed as follows. We direct the opposite party to pay Rs.1500/- as the Free purchase coupon amount and pay Rs.1500/- as compensation for inconvenience and pay Rs.1000/- as costs of these proceedings to the complainant. The order shall be complied with within a period of one month from the date of receipt of a copy of this order. If the order is not complied within one month the amount will carry interest @ 12% per annum from the date of order till payment.

 

Sri. K.N. Radhakrishnan, Member                    Sd/-

 

Sri. Santhosh Kesavanath P. President Sd/-

 

Smt. Bindhu.M.Thomas, Member                     Sd/-

 

 

Ext.A1-is copy of advertisement in Malayala Manorama dtd 4-9-11

Ext.A2-series of shopping voucher No.13239

 

Deposition: PW1 - complainant

 

By Order,

 

Senior Superintendent.