DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD

Dated this the 18^th day of August 2011

Present : Smt.Seena.H. President

:Smt. Preetha G Nair, Member

: Smt.Bhanumathi.A.K. Member Date of filing: 20/12/2010

(C.C.No.171/2010)

Radhika Krishnaraj,

W/o.Krishnaraj,

“Nandanam”,

Panamthodi, LN Puram,

Palakkad. - Complainant

(By Adv.M.R.Manikandan)

V/s

1. The Manager,

M/s.Whirlpool India Ltd.

39/3521, Ravipuram,

M.G.Road,

Cochin – 682 016.

2. The Manager,

M/s.Next Retail India Ltd.

Near Fort Maidan,

Stadium Bye-pass Road,

Palakkad.

(By Adv.K.Dhananjayan) - Opposite parties

O R D E R

By Smt.BHANUMATHI.A.K. MEMBER

Complaint in brief is as follows:

The complainant purchased a Whirlpool Washing Machine from 2^nd opposite party manufactured by 1^st opposite party. The complainant had purchased the said washing machine by attracting the offer published by opposite parties in Malayala Manorama daily on 25/7/2010 on the occasion of Onam Festival. Through the said offer the opposite parties offered to the public that those who purchases washing machine would be given 1 out of 3 sure gifts. The complainant attracted with the offer and believing the same had purchased the washing machine and opted for the gift of one year's supply of Rin/Surf washing powder.

But the complainant had not received the above said gift offered by 1^st opposite party even after two months of the purchase. So the complainant had personally visited the show room of the 2^nd opposite party several times and enquired the offered gift for which it was informed that the 1^st opposite party had not yet sent the gift to them and the same would be given as and when they received. Believing these words the complainant waited for a pretty long time for getting the offered gifts but ends in vain. So the complainant sent a lawyer notice on 11/11/10 even after the receipt of the said notice opposite parties not cared to give the gift to the complainant. According to the complainant the above act of opposite parties amounts to deficiency in service on their part. So the complainant seeking an order directing the opposite parties to give the gifts offered by them or its value and Rs.15,000/- as compensation for mental agony and cost of the proceedings.

1^st opposite party set exparte. 2^nd opposite party filed version with the following contentions.

Opposite party admits that there was an offer to provide RIN/SURF washing powder according to the availability. Opposite party says that when the complainant had came in the 2^nd opposite party's show room, the washing powder RIN was available and surf was not available. As per the offer, the liability of the opposite party is only to supply RIN/SURF washing powder according to the availability. According to the offer a Consumer cannot insist and adamant up on to get only surf. But the complainant persisted for getting surf only. Opposite party is ready and willing to fulfill their obligations arising out of the offer. But the complainant is not willing to take the gift. There is no deficiency in service on the part of opposite party and the complaint is to be dismissed with cost of the opposite party.

Both parties filed their respective affidavits and marked Ext.A1 – A2 series on the side of complainant and Ext.B1 on the side of opposite party.

Matter heard.

Issues to be considered are

1. Whether there is any deficiency of service on the part of opposite parties ?

2. If so, what is the relief and cost ?

Issues I & II

Complaint is regarding the deficiency of service on the part of opposite parties in not providing the offered gift with the washing machine purchased by the complainant. Complainant had purchased a whirlpool washing machine from 2^nd opposite party on 15/8/10 manufactured by 1^st opposite party and there was an offer in the Malayala Manorama Daily on 25/7/2010 by the opposite parties, those who purchases washing machine would be given 1 out of 3 sure gifts.

The complainant being attracted with the said offer and purchased the above mentioned washing machine and opted for the gift of one year's supply of RIN/SURF washing powder. But even after 2 months of the purchase the complainant had not get the aforesaid gift.

It is the admitted fact by the opposite party that the complainant had purchased a Whirlpool washing machine. Opposite parties also admits that there was an offer to provide RIN/SURF washing powder. Ext.B1 document, Onam Gift offer, shows surf excel 6 kg, surf excel 3 kg, Rin 3kg, Rin 2 kg followed by some models of washing machines. Of which model of washing machine was purchased by the complainant is not stated in the complaint. It is not mentioned in the Ext.A1 document also. The complainant not produced the Malayala Manorama daily in which the offer had been seen.

Opposite party contents that when the complainant had come in the 2^nd opposite party's show room, the washing powder Rin was available. Surf was not available. No document is produced to show that the Rin washing powder was available. Moreover the complainant can choose the brand of the washing powder according to their tastes.

From the above discussions we are of the view that both the opposite parties made deficiency in service in not providing the offered gifts to the complainant in time.

In the result complaint allowed. Opposite parties are jointly and severally directed to give 6 kgs of surf excel to the complainant or the price equivalent to 6 kg of surf excel and an amount of Rs.1,000/- (Rupees One thousand only) as compensation for mental agony alongwith the Rs.500/-(Rupees Five hundred only) as cost of the proceedings.

Order shall be complied within one month from the date of receipt order, failing which the complainant is entitled for 9% interest per annum for the whole amount from the date of order till realisation.

Pronounced in the open court on this the 18^th day of August 2011.

Sd/-

Smt.Seena.H

President

Sd/-

Smt.Preetha G Nair

Member

Sd/-

Smt. Bhanumathi.A.K.

Member

APPENDIX

Exhibits marked on the side of the complainant

Ext.A1 – Bill issued by 2^nd opposite party in favour of complainant dt.15/8/10

Ext.A2 series – Photocopy of lawyer notice issued to opposite parties alongwith

postal receipt and acknowledgment card

Exhibits marked on the side of the opposite parties

Ext.B1 – Onam Gift details brochure (original) issued by 1^st opposite party.

Cost Allowed

Rs.500/- allowed as cost of the proceedings