Orissa

Cuttak

CC/62/2020

Subhra Mohanty - Complainant(s)

Versus

VIP Industries Ltd - Opp.Party(s)

A K Sahu & associates

08 Jun 2022

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

                                                                         C.C.No.62/2020

             Subhra Mohanty,

W/O:Biswajit Senapati,

At:Darkhapatna(Nuapada),

P.O:Kalyaninagar,PS:Chauliaganj,

Dist:Cuttack(Odisha),Pin-753013.                                               ... Complainant.

 

                                                Vrs.

1.        V.I.P Industries Ltd.,Represented through its Managing Director,

At:5^th Floor,DGP House,88-C,Old Prabhadevi Road,

Mumbai,Pin-400025,State:Maharashtra,

E.Mail  

2.        M/s. Annupriya Enterprise,

Represented through its Proprietor,Symphony Mall,

At:GF-17,Ground Floor,Rudrapur,

P.O:Pahal,P.S:Balianta,Dist:Khurda,

Pin-752101.... Opp. Parties.

 

Present:               Sri Debasish Nayak,President.

                                Sri Sibananda Mohanty,Member.

 

Date of filing:    28.08.2020

Date of Order:  08.06.2022.

 

For the complainant:          Mr. A.K.Sahu,Advocate & Associates.

For the O.Ps  :                      None.

 

Sri Sibananda Mohanty,Member

                                               

The case of the complainant is that on 17.11.19, she visited one “Symphony Mall”, O.P No.2 at Bhubaneswar for purchase of some garments.  At that time, she saw VIP Luggage authorize retail counter inside the Shopping Mall, wherein she came-across the advertisement i.e “VIP Impossible Offer... Assured Return Flight Tickets To a Destination of Your Choice”, featuring brand ambassadors celebrity couple ‘Saif Ali Khan’ and ‘Kareena Kapoor Khan’ with showing VIP travel Luggage brand in front of M/s. Annupriya Enterprise/Opp. Party No.2’s retail counter.  At that time the seller/agent of O.P No.2 persuaded the complainant to purchase the travel luggage/bag under the “VIP Impossible Offer”.    The complainant being influenced by such advertisement on 19.11.19 went to the counter of O.P No.2 i.e.,  M/s. Annupriya Enterprises, Symphony Mall,Bhubaneswar alongwith her husband.  On being persuaded by the Manager/representative of the O.P No.2 regarding “VIP Impossible Offer”, which VIP Industries-O.P No.1 had released a new “Happy Holiday” campaign with emphasis on people who love to travel.  Keeping faith and trust on the  tricky language of O.Ps,, the complainant made-up her mind to purchase the same.  On the same day, the complainant purchased from O.P No.2 , 3 of the  luggage’s/bags of VIP brand worth of Rs.19,142/- during the offer period i.e. 1^st October,2019 till the stock lasts She purchased  such bags to avail 3 vouchers/boarding passes in the name of her husband Biswajit Senapati-Voucher Code VP67A933FOFE, her minor son Barun Senapati, Voucher Code VP4A77FF5BCB and for herself, Subhra Mohanty-Voucher Code VPCAAD143025.   As per the instruction of  O.P No.2 to avail and redeem the air ticket, the complainant had to log on to the Website i.e. www.viphelloholiday.com , submitted the  unique voucher code as received along with required informations i.e., customer, Name, Mobile Number, E-Mail ID,City Name, Store Name, Number of products purchased and product serial number etc.  After submission of all necessary details as per the instruction of the O.P No.2, complainant again had clicked on the booking tab at the programme site i.e,  www.viphelloholiday.com and submitted all the authentication code issued by O.P No.2 in complainant’s favour alongwith two options for the date of travel i.e. Destination from Kolkata to Ahmadabad, Choice No.1-date of travel 14^th March,2020 and return date 21^st March,2020, choice No.2 date of travel 11^th April,2020, return date 18^th April,2020.  Thereafter the  complainant received  a regret message from O.Ps E-Mail “

                In order to prove her case, the complainant has filed relevant documents as well as evidence on affidavit in support of her case

2.            The O.Ps inspite of notice did not appear for which they were set exparte.

3.            Keeping in mind the averments made in the complaint petition, this Commission feels it proper to settle the following issues in order to arrive at a valid conclusion.

                i.              Whether the complainant is a consumer?

                ii.             Whether the case as filed by the complainant is maintainable?

                iii.            Whether there is any deficiency in service on the part of O.Ps.

                iv.           Whether the O.Ps had adopted any unfair trade practice by selling 3 VIP luggages?

                v.            Whether the complainant is entitled to the reliefs as claimed?

Issue No.1.

                The complainant had purchased the VIP luggages/bags from the O.P No.2 on payment of consideration amount.  Hence the complainant is a consumer.  This issue is answered accordingly.

Issues No.2,3 & 4.

                The O.Ps neither appeared nor had filed written version.  So the averments made in the complaint petition being unchallenged are  deemed to be true.  The complainant on 17.11.2019 went to the Mall of O.P No.2, where she came across the advertisements i.e. “VIP Impossible Offer” ... Assured Return Flight Tickets To a Destination of Your Choice”, featuring brand ambassadors celebrity couple ‘Saif Ali Khan’ and ‘Kareen Kapoor Khan’ with showing VIP travel Luggage brand in front of M/s. Annupriya Enterprise/Opp. Party No.2’s retail counter.  At that time his selling person/agent of O.P No.2 persuaded the complainant to purchase the travel luggage/bag under the “VIP Impossible Offer”.   Hence, she being allured by such advertisements went on 19.11.19 to purchase 3 nos. of VIP luggages/bags of VIP brand worth of Rs.19,142/- from the counter of O.P No.2 being accompanied by her husband.  The said offer as displayed by the authorised retailer O.P of No.2,was with effect from 1.10.19 till the stocks lasts .  The complainant was allotted 3 vouchers for boarding pass/flight tickets, one in her name, one in the name of her husband and anoher in the name of her son.  The complainant as per the instruction of O.P No.2 to redeem the air ticket had logged on to the Website i.e., www.viphelloholiday.com , submitted the  unique voucher code received alongwith required information i.e., customer, Name, Mobile Number, E-Mail ID,City Name, Store Name, Number of products purchased and product serial number etc.  .  After submission of all the necessary details as per the instruction of the O.P No.2, complainant again clicked on the booking tab at the programme site i.e,  www.viphelloholiday.com and had submitted all the authentication code issued by O.P No.2 in complainant’s favour along with two options for the date of travel i.e., Destination from Kolkata to Ahmadabad, Choice No.1-date of travel 14^th March,2020  with  return date as 21^st March,2020 and  choice No.2 date of travel 11^th April,202 with  return date as 18^th April,2020.    But the O.P No.1 did not issue boarding pass on the ground of conflicting programme.  This attitude of O.P No.1 reveals deficiency of service and adoption of unfair trade practice by him.  Further the complainant wanted refund of her money in lieu of 3 VIP luggage.  But the O.P No.2 did not accept such proposal.   Hence, it is clear that the O.Ps in connivance with each other, in order to promote their sale had made deceptive, misleading advertisements.  The O.Ps could not keep their promise, which reveals their ill intention only to increase their sale.    Hence it is proved that O.Ps have committed deficiency in service and the O.Ps have wilfully and intentionally adopted unfair trade practice.   

Issue No.5.

The complainant in order to travel prepared the schedule and cancelled all the important assignments of her office/home, her son’s tuition/school, her husband’s office assignments and arranged an attendant to look after her old parents etc.  Hence she has suffered mentally along with her family members and they were subjected to harassment

                From the above discussions, it is held that the complainant is entitled to the reliefs as claimed by her.  Hence it is so ordered;

 

 

                                                                                ORDER

                The case is allowed exparte against the O.Ps.  Both the O.Ps are jointly and severally liable.  The O.Ps are directed not to issue such misleading advertisement and to cease such advertisement with immediate effect.  Both the O.Ps are also directed to repay the cost of the three luggage bags  i.e. Rs.19,142/- to the complainant alongwith  interest @ 18%per annum from 19.11.1999 till the final payment is made.  The O.Ps are also directed to pay compensation of Rs.2,00,000/-(Rupees two lakh) jointly and severally out of which a sum of Rs.1,00,000/- lakh(Rupees one lakh) be given to the complainant which would suffice to some extent towards the mental sufferings and tension undergone by the complainant due to the misleading advertisement and unfair trade practice adopted by the O.Ps; and the rest Rs.1,00,000/- (Rupees one lakh) be deposited in the State Consumer Welfare Fund maintained by Govt. of Odisha.  The order be complied within one month from the date of receipt of copy of this order.

                Order pronounced in the open court on the 8th  day of June,2022 under the seal and signature of this Commission.                                                                                                                                                                                                                                            

                                                                                                                                                                                                       

                                                                                                                             

                                                                                                                         Sri Sibananda Mohanty

                                                                                                                            Member.

 

                                                                                                                            Sri Debasish Nayak

                                                                                                                                        President