Smt. K.P. Padmasree (Member – I):

                   Complainant approached this Forum for getting a relief against the opposite parties.

                   2. Brief facts of the complaint is as follows:  On seeing an advertisement in Malayala Manorama News Paper, complainant approached the 2^nd opposite party for purchasing an Air Conditioner.  As per the advertisement, company offered a smart phone worth Rs.8,990/- absolutely free with Air Conditioner with Five Star rating along worth Rs.29,990/-.  On 01.08.2016 complainant purchased A.C by believing the advertisement and paid Rs.29,990/-.  The Manager of the 2^nd opposite party informed the complainant that offer is applicable to the said purchase and he assured that the free gift will be supplied to the complainant within 3 days.  But even after the assured period the 2^nd opposite party failed to give the smart phone and complainant approached them on several time.  Even though, the advertisement offered Videocon Krypton Smart Phone with every purchase of 5 Star A.C at Rs.29,990/-, the bill issued by the 2^nd opposite party shows that the free gift is Sansui Mobile Phone S 351 Black.  The above said acts of the opposite parties are unfair trade practice and opposite parties are liable to compensate the complainant for the same.  Hence this complaint for getting Videocon Krypton (V 50 FG) or its price Rs.8,990/- with cost and compensation.

                   3. In this case opposite parties are exparte.

                   4. On the basis of the pleadings of the complaint, the only Point to be considered is whether this complaint can be allowed or not?

                   5. The evidence of the complaint consists of the oral deposition of PW1 and Ext.A1 and A2.  After closure of evidence, complainant was heard.

                   6. The Point:-  Complainant’s allegation is that on seeing an advertisement in Malayala Manorama Newspaper complainant approached the 2^nd opposite party for purchasing an A.C.  As per the advertisement, company offered a smart phone of Videocon Krypton worth Rs.8,990/- absolutely free with A.C with Five Star rating worth Rs.29,990/-.  Even though the advertisement offered Videocon Krypton Smart Phone the bill issued by the 2^nd opposite party shows that the free gift is Sansui Mobile Phone S 351 Black.  But even after the assured period the 2^nd opposite party did not delivered the smart phone.  The Complainant several times approached the 2^nd opposite party but the opposite party did not delivered the offered smart phone The above said act of the opposite parties are unfair trade practice and opposite parties are liable to the complainant for the same.

                   7. In order to prove the case of the complainant, he had adduced oral evidence as PW1 and 2 documents produced by him is marked as Ext.A1 series and A2.  Ext.A1series is the advertisement in paper publication showing offer.  Ext.A2 is the tax invoice of Rs.29,990/- issued by 2^nd opposite party.   

                   8. On the basis of the available material evidence on record and since the opposite parties are exparte, we find no reason to disbelieve the allegation of the complainant.  Therefore, the complainant’s case stands proved as unchallenged.  The non-redressal of the complainant’s grievance by the opposite parties are a clear deficiency in service and an unfair trade practice and hence opposite parties are liable to the complainant for the same.  Therefore, this complaint is allowable. 

                   9. In the result, this complaint is allowed thereby opposite parties are directed to issue the offered Videocon Krypton (V 50 FG) smart phone or its worth Rs.8,990/- (Rupees Eight Thousand Nine hundred and ninety only) to the complainant along with cost and compensation of Rs.5,000/- (Rupees Five Thousand only) to the complainant within 15 days from the date of receipt of this order, failing which the complainant is allowed to realise the whole amount ordered (Rs.8,990/- + Rs.5,000/-) herein above with 10% interest from the date of order.

                   Declared in the Open Forum on this the 31^st day of December, 2016.

                                                                                                    (Sd/-)

                                                                                           K.P. Padmasree,       

                                                                                               (Member – I)

Sri. P. Satheesh Chandran Nair (President)  :   (Sd/-)

Appendix:

Witness examined on the side of the complainant:

PW1  :  K.V. Somarajan Nair

Exhibits marked on the side of the complainant:

A1series :  Advertisement in paper publication showing offer. 

A2 :  Tax invoice dated 01.08.2016 for Rs.29,990/- issued by

        2^nd opposite party to the complainant.     

Witness examined on the side of the opposite parties:  Nil.

Exhibits marked on the side of the opposite parties:  Nil.

                                                                                                 (By Order)

Copy to:- (1) K.V. Somarajan Nair, ‘Rajasree’, Manthuka.P.O.,

                    Kulanada, Pathanamthitta – 689 503.                                   

              (2) The Managing Director, Videocon Industries Ltd.,

         14 KM Stone, Aurangabad Pathan Road, Chitegaon,

         Dist. Aurangabad – 431 105.

     (3) The Manager, Pournami Home Gallery,

          Sankaramangalam Complex, M.C. Road, Kulanada.

     (4) The Stock File.