Date of filing : 17-07-2010 Date of order : 29-09-2010 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD C.C.164/10 Dated this, the 29th day of September 2010 PRESENT SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER Adv. Ramakrishna Peruvadi, S/o.Ramachandra Bhat, } Compalinant R/at Peruvadi of Bayar Village Beripadav.Po. Kasaragod.Dt. (In Person) 1. The Managing Director, } Opposite parties Videocon Industries Ltd, 14 Km stone, Aurangabad 431 105. 2. The proprietor, E. Planet, Ist floor, City Center, Bank Road, Kasaragod 671 121, (Exparte) O R D E R SRI.K.T.SIDHIQ, PRESIDENT Complainant Sri. Ramakrishna Peruvadi is an advocate by profession. He attracted with the luring advertisement of opposite parties that Videocon d2h Satellite box with two months diamond package is free with the purchase of Videocon mobile phone, purchased a mobile phone on 24-4-2010 with `2,200/-. He supplied with a scratch card also having a serial No.1197278. As per the instruction complainant scratched the said card and he realized that Videocon d2h satellite box with 2 months diamond pack will be installed to him on registration. But even after registration he was not supplied with the set top box. Therefore complainant issued a registered notice dt.15-06-10 to opposite parties. Though opposite party No.1 received notice. Opposite party No.2 refused to accept the notice. After that opposite party No.1 installed the satellite set top box on 4-7-10 and collected 1000/- unlawfully. Complainant paid the amount hoping that he could at least view the subsequent World Cup foot ball matches. To his surprise he was not provided with the diamond package as promised and instead the entire connection was taken away on 7-7-2010 morning. The act of opposite parties amount to deficient service. In order to watch the TV programmes complainant availed the subscription under protest. Therefore the complaint seeking an order against the opposite parties to pay a compensation `35,000/- and to reimburse `1000/- that the opposite parties collected unlawfully from him with cost of the proceedings. 2. Though notice issued by registered post with acknowledgement due is served on both opposite parties, they remained absent to defend the case. Therefore both opposite parties had to be set ex-parte. 3. Complainant filed proof affidavit. Exts A1 to A6 marked. Complainant heard. Documents examined. 4. Ext.A3 customer card contain the instructions to be followed. Ext.A2 is the scratch coupon. On the bottom of scratch card contains an asterik where in a very minute letters noted that terms and conditions apply. 5. As per Ext.A3 the customer is offered with a Videocon d2h Satellite box with 2 months Diamond pack. On the over leaf of Ext.A3 it is further noted that after the free viewing period of 2 months diamond pack the customer may recharge his account again. This recitals of Ext.A3 show that opposite parties are bound to provide the complainant 2 months free package under the diamond scheme. But it is not provided as offered. This is nothing but unfair trade practice as envisaged under Section 2(1) {r} (3) of the Consumer Protection Act. Sec.2(1){r} defines that unfair trade practice means a trade practice which for the purpose of promoting the sale case or supply of any goods or for the provision of any service, adopts any unfair method or unfair or deceptive trade practice including any of the following practices namely {r} (1) Omitted since not relevant (2) Omitted since not relevant (3) Permits (a)the offering of gifts, prizes or other items with the intention of not providing them as offered or creating an impression that something is being given or offered free of charge when it is fully or partly covered by the amount charged in transaction as a whole. 6. From the above definition it is clear that the offering of gifts or prizes or other items with the intention of not providing them as offered is an unfair trade practice. 7. Further it is seen from Ext.A3 that terms and conditions are fixed for getting the gift. At the out set it is to be stated that such conditional offer of gifts itself constitute unfair trade practice. The gifts if any offered as part of sales promotion shall be unconditional and without any additional imposition of charges towards the cost of the gift offered. When some terms and conditions are imposed that means that the gifts offered are not absolutely free. 8. There is absolutely no explanation forthcoming from the side of opposite parties for not providing the free diamond package. It is pertinent to note that even the d2h satellite box is installed after issuing a registered notice to them. This would further make it clear that the offer of gifts were not bonafide but only with the sole intention of business promotion of opposite parties. 9. Complainant Sri.Ramakrishna Peruvadi during hearing submitted that he is not claiming `1000/- that is collected towards the installation charges of d2h satellite box. Therefore the complaint is allowed and opposite parties are jointly and severally directed to pay a compensation of `35,000/- to the complainant as prayed in the complaint together with a cost of `3,000/-. Opposite party No.1 is restrained further from offering gifts or offers as part of their business promotion to their customers that contains terms and conditions in view of Sec 14(F) of the Consumer Protection Ac t. Time for compliance for payment of compensation and cost is limited to 30 days from the date of receipt copy of the order. Sd/- Sd/- MEMBER PRESIDENT Exts. A1.24-4-2010 Cash Bill A2. Srach card issued by OP NO.1. A3. Customer card. A4. 15-6-10 copy of lawyer notice. A5.Postal acknowledgement card A6. Returned registered lawyer notice. Sd/- Sd/- MEMBER PRESIDENT Pj/ Forwarded by Order SENIOR SUPERINTENDENT | 
