Date of filing : 19-03-2011
Date of order : 22-09-2011
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC. 68/2011
Dated this, the 22nd day of September 2011
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT.K.G.BEENA : MEMBER
Thomas Joseph,
S/o.Joseph,
R/at Kavunkal House, } Complainant
Chittarikkal village, Po.Mandapam,
Hosdurg Taluk, Kasaragod Dist.
(Adv. M.M. Nambiar, Kasaragod)
1. The Manager, } Opposite parties
Current Books India Pvt. Ltd,
Near Kailas Theater,
Kanhangad Po. Hosdurg Taluk.
(Adv. P.Venugopala, Hosdurg)
2. Ravi.D.C,
The Chief Editor, D.C. Books,
D.C. Kizhakkemuri Edam, Kottayam.
(Adv. P.Venugopala, Hosdurg)
O R D E R
SRI.K.T.SIDHIQ, PRESIDENT
The gist of the complaint is as follows:
Complainant purchased Vishwa Sahitya Tharavali from opposite party No.1 in it’s subsidised rate. At the time of purchase he got a scratch card offered by opposite party No.2 as part of their sale promotion. When the complainant scratched the card he found that the gift is “BRITANNICA ENCYCLOPEDIA OF INDIA”. At that time opposite party No.1 represented that the gift is Britannica Encyclopedia India book worth `3000/-. Opposite party No.1 also represented that the stock of the said book is finished and informed that it will be delivered on reaching fresh stock. But they subsequently turned down his request and on enquiry complainant came to know that nobody who booked Vishwa Sahitya Taravali received any prize except a CD of Britannica Encyclopedia of India worth `9/-. The complainant informed this facts to opposite party No.2 through a letter but except an apology letter his demand is not materialized. Hence the complaint.
2. According to opposite parties at the time of booking opposite party No.1 duly informed the complainant and shown a pamphlet showing the various prizes including LCD, TVs, Watches, Holiday trip to Thekkady and CD’s titled Britannica Encyclopedia of India, Britannica Ready Reference etc could be won on scratching the card issued to him. After scratched the card complainant won a Britannica Encyclopedia of India CD and picture of the same was shown to him and informed him that CD will be delivered as soon as the same is received at the branch in Kanhangad and the complainant accepted the same and endorsed his signature on the scratch card. Thereafter the complainant came with a claim that the prized gift on the scratch card pertained to Britannica Encyclopedia of India in it’s Book form and he refused to accept Britannica Encyclopedia of India CD offered to him. There is no deficiency in service on the part of opposite party and the complaint is liable to be dismissed.
3. The complainant Sri. Thomas Joseph filed proof affidavit in support of his case. Exts. A1 to A6 marked. On the side of Ext.B1 and MO-1 marked. Both sides heard. Documents perused.
4. The issues arises for considerations are:
1. Whether any unfair trade practice is committed by opposite parties?
2. If so what is the order as to relief and costs?
5. Issue No.1.
According to complainant after scratching the gift card he prized ‘BRITANNICA ENCYCLOPEDIA OF INDIA” and not it’s CD version where as opposite parties content that their offer was Britannica encyclopedia of India in CD Form and Ext.A6 pamphlet (brochure) also depicts the photo of CD and not the book.
6. But on a very close scrutiny of Exts produced it is very clear that opposite parties have committed unfair trade practice by supplying Britannica encyclopedia of India in it’s CD form as against their offer of its book version which is depicted in the pamphlet on it’s book format. Ext.A6 is the pamphlet showing the prizes offered by opposite party. In page No.22 the picture of Britannica Encyclopedia of India is printed. But nowhere it says that it is the CD Format. On the other hand other prizes like National Geographic Maps, Britannica Quiz Master, National Geographic designs etc, are seen specifically offered in their CD forms and Discovery Channel world Geography is offered in its DVD Form. Further in Ext.B1 scratch card also the prize offered is BRITANNICA ENCYCLOPEDIA OF INDIA. If the gift was its CD form then Ext.B1 should have mention that the gift is BRITANNICA ENCYCLOPEDIA OF INDIA CD.
7. The opposite parties further contend that after scratching the card complainant had won the Britannica CD and the picture of the same was shown to him through pamphlet. This contention is also not correct. On comparison of the picture depicted in page 22 of Ext.A6 and the outer cover of the CD produced before the Forum which is marked as MO-1, it is clear that the picture is that of “Britannica Encyclopedia India Book and not that of MO-1, because left side top portion of the outer cover of MO-1 ‘CD’ shows the word ‘WINDOWS’ where as on the Encyclopedia Britannica of India book on the left side top portion book the printed letters are ‘PC’. On a very close scrutiny of the picture of encyclopedia Britannica India in the pamphlet it can realise that the print on the left side top portion of the picture is ‘PC’ and not ‘windows’ and this would lead to the irresistible conclusion that what is offered and depicted by the opposite parties as prize is Encyclopedia Britannica of India in its book form and not it’s CD form. Their act amounts to unfair trade practice as defined U/s 2(1){r} (3) of the Consumer Protection Act. The said section says that the offering of gifts, prizes or other items with the intention of not providing them as offered is an unfair trade practice.
8. Issue No.2:
The prayer of the complainant is an order directing the opposite parties to deliver the book encyclopedia Britannica India to him as the prize that is obtained by him scratching the card together with compensation and costs.
Therefore we direct the opposite parties 1 & 2 to deliver the complainant the Book version of Britannica encyclopedia of India together with a compensation of `1000/- and a cost of `1000/-. Opposite parties are restrained from indulging in this kind of unfair trade practice in future as part of their sales promotion. Time for compliance is limited to 30 days from the date of receipt of copy of order.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exts.
A1. 22-12-2010 Bill issued by Current Books India (P) Ltd.
A2. 29-10-2010 copy of letter issued by complainant to Chief Editor DC Books Kottayam.
A3. 03-01-2011 letter issued by DC Books to complainant.
A4.24-1-2011 Copy of lawyer notice.
A5. 8-10. Scratch card.
A6.Pamphlet.
B1. Scratch card
MO-1. CD.
PW1. Thomas Joseph
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Pj/ Forwarded by Order
SENIOR SUPERINTENDENT
