IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOTTAYAM
Dated, the 28th day of September 2022.
Present: Sri. Manulal V.S. President
Smt. Bindhu R. Member
Sri. K.M. Anto, Member
C C No. 276/2021 (Filed on 19-11-2021)
Petitioner : Jaison V.C.
S/o. V.V. Chacko,
Vettickal House,
Aruvithura P.O.
Erattupetta - 686122
(Adv. Emmanuel Cyriac)
Vs.
Opposite parties : (1) The Managing Director,
AJIO, C/o. Reliance Retail Ltd.
SS Plaza, 74/2 Outer Ring Road,
29th Main Road, BTM 1st Stage,
BTM Layout, Bangalore – 560068
(2) Reliance Retail Ltd.
FSC – MIHI Mihan Sez,
Near Madc Main Office,
Khapri Railway Mihan, Nagpur
Maharastra - 441108
O R D E R
Sri. Manulal V.S. President
The complaint is filed under Section 35 of the Consumer Protection Act, 2019.
Crux of the complaint is as follows:
The complainant had purchased fashion apparels from AJIO online shopping Site. Opposite parties are online shop selling fashion apparels and other fashion wearables. As per the attractive promotional terms and conditions the complainant had purchased the fashion apparels on 15-9-21, 16-9-21 and 17-9-21. As per the promotional terms and conditions of first opposite party from time to time, AJIO will also offer discount for Products under the Buy X Get Y Offer (“BX GY Offer”), under which upon purchase of a certain quantity of Products (“X”), Users will be offered a 100% discount on the List Price of certain other quantity of Products (“Y”), such discount being applicable to Products with the lowest List Price amongst the chosen Products. The benefit availed by a User from the discounted Products would be apportioned amongst the Products purchased on a weighted average basis. Accordingly, in case of return of any Product purchased under the BX GY Offer, the refund payable by AJIO on such Product would be the value of the Product calculated on a weighted average basis. The number and catalogue of Products available under the BX GY Offer will be displayed on the Platforms from time to time, at its sole discretion.
The complainant made 19 purchases on those dates and complainant is entitled to get 38 items totally as per the advertisement. The offer was available on all those purchasing dates. The ordered parcels were received on various subsequent dates of the later weeks well sealed and packed. But the sealed product packets contained only one purchased items instead of two purchased item as per the advertisement. On 19-9-21 the complainant communicated the customer care executives about the inadequate quantity of items delivered but they have not given any proper response. Though the complainant sent many e mail communications to the first opposite party regarding the inadequate quantity they did not care to redress the grievance of the complainant. On 10-10-21 the complainant received an email from the first opposite party stating that if the issue is not resolved, use the self -care option in the AJOI App and apply for the cancellation and returning of the purchased products.
According to the complainant, he would not purchase the products from the opposite parties if they had not created an interest by giving such a purchase offer through the media. Due to unfair trade promotion opposite parties have canvassed and abtained the purchase of items. Thus the complainant is entitled to get damages from the opposite parties for breach of contract and unfair trade practice. Hence this complaint is filed by the complainant praying for an order to direct the opposite parties to pay Rs.5lakhs as compensation.
Though the notice was served to the first opposite party, first opposite party failed to appear before the commission and file version. Notice sent to the second opposite party is returned as refused. Hence it is considered as deemed service. Second opposite party also failed to file version. Hence opposite parties are declared as ex-party.
Complainant filed proof affidavit in lieu of chief examination and marked exhibit A1 to A13.
Points for consideration.
- Whether the complainant has succeeded to prove unfair trade practice on the part of the opposite parties?
- If so what are the reliefs and costs?
Point number 1 and 2 together.
Specific case of the complainant is that being attracted by the promotional terms and conditions published by the opposite parties the he had purchased the fashion apparels on 15-9-21,16-9-21 and 17-9-21 from the first opposite party’s online shopping Site. Complainant had made 19 purchases on those dates. It is proved by exhibits A1 to A9 invoices that the complainant had purchased 19 items between 15-9-2021 to 17-9-2021. It is averred in the complaint that he had received only 19 items instead of 38 items as per the advertisement. Exibits A12 series were screen shots of the products which are ordered by the complainant. On perusal of exhibits A12 series we can see that all these products are listed with a discount of 41% to 69%. On a close scrutiny of exhibit A12 series screen shots we can see there is an offer along with some items as “buy1 get 1 free”. EXhibitA12(p) proves that the complainant had purchased for a total amount of Rs.28,230/- and got a discount of Rs.11,251/-.
Exhibit A1 is the copy of the promotional terms and conditions of the first opposite party. As per the clause 3.7 of promotional terms and conditions from time to time, AJIO will also offer discount for Products under the Buy X Get Y Offer (“BX GY Offer”), under which upon purchase of a certain quantity of Products (“X”), Users will be offered a 100% discount on the List Price of certain other quantity of Products (“Y”), such discount being applicable to Products with the lowest List Price amongst the chosen Products. The benefit availed by a User from the discounted Products would be apportioned amongst the Products purchased on a weighted average basis. Accordingly, in case of return of any Product purchased under the BX GY Offer, the refund payable by AJIO on such Product would be the value of the Product calculated on a weighted average basis. The number and catalogue of Products available under the BX GY Offer will be displayed on the Platforms from time to time, at its sole discretion.
Thus it is clear from that the customer must purchase the products from catalogue of Products available under the BX GY Offer will be displayed on the Platforms from time to time to avail the offer under Buy X Get Y Offer (“BX GY Offer”). In case in hand exhibit A12 series proves that the complainant had purchased the products under BUY 1 Get 1 free and not under Buy X Get Y Offer (“BX GY Offer”). It is further proved that the complainant had purchased the products by availing the discounts. If he opted to purchase under BX GY offer he would get 100% discount on the Price of certain other Products. Without purchasing the products under BX GY offer the complainant is not entitled to 100% discount on the List Price of other Products.
The Hon’ble Supreme Court in a recent Judgment dtd.6th October 2021 i.e. in “SGS India Limited v/s Dolphin International Limited”, categorically held that the onus of proof that there was deficiency in service is on the complainant.Here in this case as discussed above we are of the opinion that the complainant has failed to prove any unfair trade practice on the part of the opposite party. Thus the complaint is dismissed.
Pronounced in the Open Commission on this the 28th day of September, 2021
Sri. Manulal V.S. President Sd/-
Smt. Bindhu R. Member Sd/-
Sri. K.M. Anto, Member Sd/-
Appendix
Exhibits marked from the side of complainant
A1 – Copy of promotions terms and conditions of 1st opposite party
A2 – Tax invoice for Rs.559/- dtd.17-09-21 issued by 1st opposite party
A3 – Tax invoice dtd.17-09-21 for Rs.1399/- issued by 1st opposite party
A4 – Tax invoice dtd.17-09-21 for Rs.682.47 issued by 1st opposite party
A5 – Copy of invoice for Rs.7,319/-
A6 - Tax invoice dtd.15-09-21 issued by 1st opposite party
A7 - Tax invoice dtd.16-09-21 issued by 1st opposite party
A8 - Tax invoice dtd.16-09-21 issued by 1st opposite party
A9 - Tax invoice dtd.16-09-21 issued by 1st opposite party
A10- Copy of call details
A 11 – copy of E-mail letters
A11 (a) Copy of E-mail letter dtd.30-09-21
A12 series - Copy of screen shots of the product (7 nos)
A13 series – Photos of product and packing details (5 nos.)
Exhibits marked from the side of opposite party
Nil
By Order
Sd/-
Assistant Registrar
