DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD
Dated this the 2nd day of July 2012
Present : Smt.Seena H, President
: Smt. Preetha.G. Nair, Member
: Smt. Bhanumathi.A.K, Member Date of filing: 01/12/2011
(C.C.No.3/2012)
Simi Prasad,
W/o.Prasad.S,
Sreesailam,
P.O.Palappuram,
Ottapalam
Palappuram Amsam & Desham,
Ottapalam Village II,
Ottapalam Taluk,
Palakkad – 679 103 - Complainant
(Party in Person)
V/s
S.K.Sachdeva,
Editor & Publisher,
Competition Review Private Ltd.
604, S7, Prabhat Kiran,
Rajendra Place,
New Delhi – 110 125 - Opposite party
O R D E R
By Smt.SEENA.H, PRESIDENT
Complaint in brief:
Induced by an advertisement published by opposite party in the book, Competition Success Review as part of their 50 years of subscription offer, complainant sent a DD for Rs.1010/- for CSR English for 2 years, State Bank Probationary Officer Exam study material and State Bank Probationary Examination fully solved papers and handling charges. The cheque for the book as per the offer is as follows:
CSR English 2 years (24 issues) Rs.720/- instead of Rs.1940/-
(24 issues + GK YB Rs.500/-)
State Bank Probationary Officer Exam Code No.252B Rs.120/-
State Bank Probationary Officers Exam Study material Code No.252D, Rs.110/-
Though the amount was paid by way of DD, opposite party failed to send issues of competition success review and free general knowledge as per the offer. Moreover the other books ordered and send by the opposite parties turn out be old edition i.e. of the year 2009. Though a letter was sent stating the grievance opposite party did not respond. Hence the complaint. Complainant prays for an order directing the opposite party to send the book as offered or else to pay compensation of Rs.20,000/-.
Opposite party though received notice has not appeared before the Forum and hence set exparte.
Complainant filed chief affidavit . Ext.A1 to A10 marked on their side.
Issues for consideration are
1. Whether there is any deficiency in service on the part of opposite party ?
2. If so, what is the relief and cost complainant is entitled to ?
Issues 1 & 2
The offer made by the opposite party is evident from Ext.A1 & A2. Ext.A5 evidence the fact that opposite party has sent by courier 2 books even though of old edition which in turn prove that opposite party has received the entire payment. The offer is seen to be made as per their 50 years celebration offer. The two books received by the complainant is that of older editions is also born out buy Ext.A.6 & 7. The act of opposite party in not fulfilling the offer is commitment of unfair trade practice on their part. As per Section 2(1) clause 3 of the Consumer Protection Act, whoever permits the offering of gifts, prizes or other items with the intention of not providing them commits an act of unfair trade practice. The fact and evidence on record shows that opposite party has committed unfair trade practice for which complainant has to be adequately compensated. We don’t think the issuance of 2011 copies as offered will serve any purpose to complainant.
In view of the above discussions we are of the view that opposite party has committed unfair trade practice.
In the result complaint allowed. Opposite party is directed to pay the complainant an amount of Rs.3,000/-(Rupees Three thousand only) as compensation and Rs.500/- (Rupees Five hundred only) as cost of the proceedings.
Pronounced in the open court on this the 2nd day of July 2012.
Sd/-
Seena H
President
Sd/-
Preetha G Nair
Member
Sd/-
Bhanumathi.A.K.
Member
APPENDIX
Exhibits marked on the side of the complainant
Ext.A1 – Advertisement of CSR offer in the July Issue of 2011
Ext.A2 – Advertisement showing the list of books
Ext.A3 - DD counter foil for Rs.1010/- dtd.29/6/11 of SBI
Ext.A4 – Speed Post Receipt dated 29/6/11
Ext.A5 – Wrapper of the Books sent by CSR
Ext.A6 – Study Material Book for Bank Probationary Officer Examination (Book)
Ext.A7 – Model Test paper of Bank Probationary Officer Exam (book)
Ext.A8 – Letter dated 29/6/11 sent by complainant to opposite party
Ext.A9 – Reminder letter dated 22/8/11
Ext.A10 – Speed Post receipt dated 22/8/11
Exhibits marked on the side of the opposite party
Nil
